Maternity leave for Upper or Middle Management

[westanza]

What is the name of your state (only U.S. law)? CA

I work for a national company but I don't qualify for FMLA because there aren't at least 50 employees within 75 miles. As of right now, my company has offered me six weeks PFL plus two weeks vacation. Does this sound right?What is the name of your state (only U.S. law)?

 

[swalsh411]

Yes. Neither FMLA nor CFRA apply because there are less than 50 employees.

 

[st-kitts]

Your employer is wrong. While you are not FMLA or CFRA covered you are covered by Pregnancy Disability Leave. Go to the Fair Employment And Housing Commission website for details.

Pregnancy Disability Leave (PDL) can cover prenatal visits, intermittent leave, reduced work schedule, pregnancy, childbirth or related medical conditions, including postpartum depression
PDL:
 Ers with 5 or more Eees are covered.
 No eligibility
Fair Employment and Housing Act (FEHA), (Gov. Code § 12945, Cal. Code Regs., tit. 2, § 7291.2, et seq.)

 

[westanza]

This is so confusing! Do I have this correct?

PDL: up to 4 months leave but the norm is 4 weeks before delivery (if needed) and 6 weeks pp (if natural delivery) and 8 weeks pp (if c-section). Job is protected.

PFL: 6 weeks, 55% of weekly wages, no job protection?

 

[st-kitts]

This is so confusing! Do I have this correct?

PDL: up to 4 months leave but the norm is 4 weeks before delivery (if needed) and 6 weeks pp (if natural delivery) and 8 weeks pp (if c-section). Job is protected.

PFL: 6 weeks, 55% of weekly wages, no job protection?

You don't choose one or the other. PDL provides job protection. PFL provides pay under qualifying situations. They are not mutally exclusive. They are separate things entirely. You can get booklets on PFL on the CA gov website and your employer is required to provide them when you go out on certain types of leave.

 

[westanza]

You don't choose one or the other. PDL provides job protection. PFL provides pay under qualifying situations. They are not mutally exclusive. They are separate things entirely. You can get booklets on PFL on the CA gov website and your employer is required to provide them when you go out on certain types of leave.

Oh dear. I didn't mean to imply that I thought they were mutually exclusive, just asking if I was correct about each one. Thank you.

 

[Betty]

You are entitled up to 4 months of job protected leave for any period of actual disability due to pregnancy (this applies to employers with 5 or more employees). For a normal pregnancy, this is usually 4 weeks prior and 6 weeks after birth. If you paid into it (you probably did), you get Ca. SDI (state disability income/ins.) to get paid while off on disability leave.

PFL is income you get while off on bonding leave. However; since you don't qualify for time off under FMLA/CFRA, you employer can legally deny you bonding leave.