Can my husband take baby bonding the same time as my disability?

[berryhall]

I live in California and my husband and I work at the same company. In California you get paid family leave to bond with a new baby. My husband wanted to take that time to bond with the baby while I’m recovering from labor and receiving disability. I would take my six weeks after my disability is up. Since California also has CFRA protections the splitting of hours for FMLA wouldn’t conflict here.

My employer wants to make my husband wait until I’m back from work for him to take his baby bonding time. Is this legal?

We wouldn’t be taking bonding concurrently, just bonding and disability.

 

[cbg]

In any other state, I would say, yes; not only is it legal but the FMLA statute expressly states that an employer is allowed to do that. However, your state has something of a reputation for having laws that are different from much of the rest of the country, and I don't do leave administration anymore, not even FMLA leave. So if no one here has a definite answer, I'd check with the DLSE.