Tag: CFRA

Question: Our employee recently returned from maternity leave having used up all her CFRA, PFL, and FMLA. She worked for three days and is out on disability again due to post-partum depression. When she comes back to work is she now eligible for leave again? Are we required to hold her job for her? What…

Question: A California employee is out for a non-work-related disability. Must we require that he use vacation and sick time while out on Family and Medical Leave Act (FMLA) leave, or is this at the employee’s option? Answer: The regulations under the Family and Medical Leave Act (FMLA) and the California Family Leave Act (CFRA)…

Question: If an employee who is a new father doesn’t otherwise qualify for leave under any leave laws, is he eligible for the Paid Family Leave in California? Answer: While an employee may not be eligible for leave rights, they can seek wage replacement under Paid Family Leave insurance, which provides up to six weeks…

Question: If a pregnant employee in California takes Family and Medical Leave Act (FMLA) leave and we run concurrent California Family Rights Act (CFRA), is the employee also eligible for additional time under Paid Family Leave (PFL) for baby bonding? Answer: Presuming any disability, at the end of an employee’s period(s) of pregnancy disability leave,…

Question: How long is maternity leave in California? How long do we have to hold a position for an employee on maternity leave? Answer: It is possible for a pregnant California employee to be out on qualifying leave for up to seven months. Example: An employee goes out on Pregnancy Disability Leave (PDL) for the…

Question: During a complicated pregnancy, what happens if an employee uses all 12 weeks of Family and Medical Leave Act (FMLA) leave prior to the birth? What about workers’ compensation, state disability, and company provided disability? Does the employer have to give the employee all of the payment options and permit the employee to decide?…

Question: Can the Family and Medical Leave Act (FMLA) leave for a pregnancy (baby bonding time) be split up between multiple months? What if the employee is in California? Answer: Yes, the leave may be taken in partial days, weeks, or months, so long as it is taken within 12 months of the qualifying eligibility…

Question: In California, can an employee take multiple Family and Medical Leave Act (FMLA) leaves if they are different leaves in a 12-month period? Answer: Yes, so long as it does not exceed the allotment of 12 weeks, unless it is a maternity leave in the state of California. In the case of a maternity…

Question: Do California employees have to exhaust vacation/sick leave before Family and Medical Leave Act (FMLA) is granted or can they use such hours while on FMLA? Answer: California employers cannot require the use of paid time off before designating FMLA/CFRA (Family and Medical Leave Act/California Family Rights Act). Employers must follow the eligibility and…

Question: If a company is undergoing a restructuring, can the company terminate an employee while on FMLA/CFRA leave if the restructuring results in position elimination? Answer: Absent any other legal or contractual obligations such as a collective-bargaining agreement, an employer may refuse to return an employee on federal Family and Medical Leave (FMLA) and California…