California Employment Law
California Employment Law Questions Answered by Legal Experts
Good morning Doctor,I'm Doug, and I'm very sorry to hear of your situation, Maria. My goal is to provide you with excellent service today.Your position with your employer is protected under FMLA and the CA Family Rights Act (CFRA) while you are out on pregnancy disability leave. In addition, after your FMLA and CFRA leave is used up for the disability period, you have an additional 12 weeks of bonding leave you may take as well before you are required to go back to work or risk your employer not holding your position for you.As an example, under CA law, you could take up to 4 four months pregnancy disability leave for disability under a combination of the FMLA and the CFRA, and then 12 weeks CFRA leave to bond with the baby.Based on your specific facts, you may not have used all of the protected leave you are entitled to, and you should consider applying for any remaining if you are not prepared to return full time.If you choose not to use the bonding leave, or if it has been all exhausted, the your position is not protected, and your inability or request to work less than full time will allow your employer to terminate you, or re-negotiate the terms of your continuing employment with the office. It is up to the employer how they want to work with you if they are going to grant your request for an accommodation to work part time. Unfortunately, CA employment law does not allow you to force the employer to simply modify your contract to account for less hours and keep all of the other benefits the same.You may reply back to me again, using the Reply to Expert link, if you have additional questions.I wish you the best in your future,Doug
I have used all the bonding time already. My employer stated he is very understanding of my situation and wants to accommodate my part time needs until I can return full time again and he reassured me nothing has changed. i do not know if I am being paranoid but if i agree to a compensation "per hour " now rather than being on a salary can he easier terminate me or this does not make any difference, he just wants to make sure I do not get paid when I do not work.Thanks a lot.
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