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California Pregnancy Disability Leave and Family Care and Medical Leave
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California Pregnancy Disability Leave and Family Care and Medical Leave
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I am attempting to discover the interworkings of the Pregnancy Disability and Family Care and Medical (CFRA) Leave in California. My question deals with the ability - or inability - to run the two lea
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California Pregnancy Disability Leave and Family Care and Medical Leave

posted at 8/11/1999 9:26 PM EDT
Posts: 1
First: 8/11/1999
Last: 8/11/1999
I am attempting to discover the interworkings of the Pregnancy Disability and Family Care and Medical (CFRA) Leave in California. My question deals with the ability - or inability - to run the two leaves concurrently.

Can an individual take PDLeave, and, after that leave time is exhausted, take CFRA leave?

Any help is appreciated.

Greg Vos
greg.vos@sunh.com
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California Pregnancy Disability Leave and Family Care and Medical Leave

posted at 8/12/1999 3:18 PM EDT
Posts: 30
First: 8/12/1999
Last: 2/4/2000
Let's assume that you already know that you AND your employees are covered by PDL, CFRA and FMLA.

Addressing the issue of running PDL and family leaves concurrently, here is, in a nutshell, what I believe to be correct. Nonetheless, here is my disclaimer: DOUBLE-CHECK THE INFORMATION. This is not the gospel. The laws may have changed. At least you have something to start from in conducting your research.

An employee who is disabled by her pregnancy is allowed up to 4 months of PDL for periods of ACTUAL disability.

However, CFRA does NOT consider the employee's pregnancy a serious health condition that would allow her to take CFRA leave BEFORE the baby is born.

Therefore, if the employee has exhausted her 4 months of PDL PRIOR to the birth, the employer does not have to grant additional leave time under CFRA for the employee's OWN disability.

Under the FMLA, pregnancy IS considered a serious health condition that WOULD entitle the employee to family leave.

CFRA does NOT run concurrently with PDL, but the FMLA CAN if the employer notifies the employee within the required timeframe that her PDL time is also being counted as FMLA leave.

The maximum combined time available under PDL and family leave is 4 months and 12 workweeks.
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California Pregnancy Disability Leave and Family Care and Medical Leave

posted at 8/15/1999 7:49 PM EDT
Posts: 2217
First: 6/16/1999
Last: 12/13/2001
Employers have to be extremely careful in this difficult area. While it is possible to coordinate all these leaves (and more), it is wise to do so in a carefully drafted policy. As you can tell by the prior response, an employer trying to coordinate leaves on an ad hoc basis, could easily find itself "in hock" for attorneys fees.
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Forums » Topic Forums » Legal Forum » California Pregnancy Disability Leave and Family Care and Medical Leave

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