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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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my wife works at a company and they have 42 employees but they

Customer Question

my wife works at a company and they have 42 employees but they dont offer cfra for baby bonding. what are her rights if she takes it and they dont hold her job does she qualify for unemployement?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Thank you for contacting

CFRA does not apply to employers with fewer than 50 employees typically, so the employer is not required to provide such leave.

She would not normally be entitled to unemployment benefits if she takes time off to bond with the child and the employer does not hold her job unfortunately. If she is unable to work following the child's birth and based on her physician's instructions, then is released to work and the employer has terminated her employment, then she could apply for unemployment benefits if she is actively seeking other employment.

Good luck and take care.



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Customer: replied 5 years ago.
She called the state and they said she is entitled to the time off even if they dont offer it the only thing I have found is that having less than 50 emmployees means that they don't have to hold her job if she takes it. So the question is if she takes it and they dont hold her job does she qualify for unemployment?
Expert:  Tina replied 5 years ago.
No, not typically. Only if she has documentation from her physician that she is unable to work, then is terminated for that (not for taking time to bond with the child) would she normally be entitled to benefits once she is released to work.

Customer: replied 5 years ago.
She called edd and they said she would qualify for unemployment if they let her go and you say she wouldn't I am more confused now. Edd said she had paid in and could take it when ever she wanted
Expert:  Tina replied 5 years ago.
I cannot speak for the agent she spoke to. If she is terminated without good cause, then she is typically entitled to benefits. However, taking time off to bond with the baby that she is not otherwise entitled to would typically result in termination with good cause, making her ineligible for benefits.

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