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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38507
Experience:  Retired (mostly)
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My wife is having a baby by c section and im taking family

Customer Question

My wife is having a baby by c section and im taking family leave for child baby bonding,My employer says he is not required by law to hold My job if i go on family leave for six weeks. Is this correct?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  socrateaser replied 4 years ago.
The California Family Rights Act (CFRA) protects an employee's job for up to 12 weeks. Combined with the Paid Family Leave (PFL) law, the employee can take time off for bonding with a new child and receive pay, though not the same amount of pay as the employee's regular wage/salary.

To be eligible for CFRA/PFL benefits, the employer must have at least 50 employees within 75 miles of the employee's principal worksite. The employee must also have worked at least 12 months for the employer and 1,250 hours. There are no exceptions to this rule.

Hope this helps.

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Customer: replied 4 years ago.
Does that mean i will not qualify for unemployment?
Expert:  socrateaser replied 4 years ago.
If you mean that you intend to quit your job, because you cannot qualify for CFRA/PFL benefits, then "no," you will not qualify for unemployment, because you do not have good cause to quit work, unless your spouse is incapable of caring for herself, and you have no alternative other than to quit.

Hope this helps.

NOTICE: My goal here is to educate the public about the law. Please help me in this effort by clicking Accept (or, click on one of the happy smiley faces/stars/etc., if applicable) for my Answer to your Question. If you have a subscription account, clicking Accept does not create any additional charge. It merely gets me credit for my Answer.

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Customer: replied 4 years ago.
Well then it is,,good cause because im caring for My spouse after her c section and she would not be able to care for My two other children right or what do you think?
Expert:  socrateaser replied 4 years ago.
You need some objective proof for EDD (the unemployment office), such as a physician's letter stating that your spouse cannot do any lifting and that includes the children, so that it leaves you as the only person who can reasonably care for your spouse and the kids during her rehabilitation.

Hope this helps.

NOTICE: My goal here is to educate the public about the law. Please help me in this effort by clicking Accept (or, click on one of the happy smiley faces/stars/etc., if applicable) for my Answer to your Question. If you have a subscription account, clicking Accept does not create any additional charge. It merely gets me credit for my Answer.

And, if you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Thanks!

Please Click the following link for IMPORTANT LEGAL INFORMATION.

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