How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask socrateaser Your Own Question

socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 33855
Experience:  Retired (mostly)
10097515
Type Your California Employment Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

I went out on maternity leave (pregnancy disability) on oct

Resolved Question:

I went out on maternity leave (pregnancy disability) on oct 30 2010. I delivered my baby girl on nov 29. My doctor kept me on disability due to postpartum depression and anxiety (which is the reason he took me off work prior to delivery). While on leave I exhausted my fmla but never went into my baby bonding time under cfra....I decided to take it intemittenly. Well since then my employer changed the policy requiring it to be taken in 2 wk chunks. Anyway....I have about 10 weeks protected left under that. Due to postpartum depression being so bad my doc and I decided that I should just take off the 10 weeks and finish out my leave and get myself healthy. Hr is now telling me I havent worked enough hrs over the past yer due to my maternity leave. Huh? Isn't this leave all a part of the original disability/ pregnancy episode? Wouldn't they calculate the hours back one year from he original time? If they calculate using the rolling year back from now I won't have enough hrs before her 1 yr birthday to take these hrs! Aren't I entitled to that baby bonding time job protected for one year after her birth? Thank you!
Submitted: 3 years ago.
Category: California Employment Law
Expert:  socrateaser replied 3 years ago.
Hi,

Do you want this question answered, too? Not sure, because your other question was finshed after this one was posted?
Customer: replied 3 years ago.
Yes please :)
Expert:  socrateaser replied 3 years ago.
There are actually three different leave benefits: PDLL, FMLA and CRFA. PDLL and FMLA run concurrently. CRFA does not. For practical purposes, there is no reason to take FMLA benefits, because it is subsumed into the PDLL. Even if FMLA is requested, it does not alter your rights to CFRA benefits.

In determining an employee's eligibility for a CFRA leave immediately following a pregnancy disability leave protected jointly by the PDLL and FMLA, the 12-month period during which she must have worked 1250 hours is the period immediately preceding the first day of FMLA leave based on pregnancy disability, not the first day of the subsequent CFRA leave for reason of the birth of the child. 2 Ca Adc § 7297.0(e)(2).

So, if you worked for 12 months and 1,250 hours prior to taking the PDLL benefit, then you are entitled to 12 weeks of CFRA leave, and if your employer doesn't provide it, then file a claim with the DFEH (so many acronyms...whew), at this link.

Before filing, you may want to ask HR to provide you with a written explanation of why it believes you are not entitled to further benefits. That may help sort things out -- though if you file a charge with DFEH first, they will ask for the explanation, so if you believe you will face resistance then just file the complaint and leave it at that.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

socrateaser, Lawyer
Satisfied Customers: 33855
Experience: Retired (mostly)
socrateaser and 4 other California Employment Law Specialists are ready to help you
Customer: replied 3 years ago.
Awesome! Thank you SO MUCH. I will challenge HR tomorrow and if no response will file a claim!
Customer: replied 3 years ago.
I just want to clarify that you are aware that I did return to work for a period of time after my pregnancy disability ended...and have taken some of the leave intermittenly. HR is telling me this is why they are recalculating my hours. They are still not agreeing with me that I qualify.
Expert:  socrateaser replied 3 years ago.
The issue, in my opinion, boils down to whether or not you asked for concurrent FMLA benefits along with PDLL. If you did, then the 1,250 hour clock started on the first day of your PDLL, and you are entitled to the CRFA, without calculation of the 4 months of leave.

Now, you may say to yourself, "I never asked for FMLA leave, because I asked for PDLL." However, requesting FMLA benefits does not require a written request -- so, it's your word against the employer as to what you asked for and when.

You did ask for FMLA and PDLL to run concurrently, right?

Riiiiiight.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!


socrateaser, Lawyer
Satisfied Customers: 33855
Experience: Retired (mostly)
socrateaser and 4 other California Employment Law Specialists are ready to help you
Customer: replied 3 years ago.
Yes, I discussed it with them more than once!
They actually told ME they run concurrently. So there! :)
Customer: replied 3 years ago.
Great news! Based on the info you gave me my HR consulted their attorney and realized an error in their policy. They have changed it and not only do I qualify they now are notifying another person they recently denied and reversing their decision and granting her 12 week! I have another question. Do I need to start another thread?
Expert:  socrateaser replied 3 years ago.
You already did, and I answered.

Best wishes.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    849
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    330
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3443
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.