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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39145
Experience:  Retired (mostly)
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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: 6 years ago.
Category: California Employment Law
Expert:  socrateaser replied 6 years ago.

Do you want this question answered, too? Not sure, because your other question was finshed after this one was posted?
Customer: replied 6 years ago.
Yes please :)
Expert:  socrateaser replied 6 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 and other California Employment Law Specialists are ready to help you
Customer: replied 6 years ago.
Awesome! Thank you SO MUCH. I will challenge HR tomorrow and if no response will file a claim!
Customer: replied 6 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 6 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?


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 and other California Employment Law Specialists are ready to help you
Customer: replied 6 years ago.
Yes, I discussed it with them more than once!
They actually told ME they run concurrently. So there! :)
Customer: replied 6 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 6 years ago.
You already did, and I answered.

Best wishes.