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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39034
Experience:  Retired (mostly)
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Am i entitled to take a family leave to bond to my 3 month

Customer Question

Am i entitled to take a family leave to bond to my 3 month old child? I work in a small company with 25 employees. I asked my employer and she denied my request to take a leave for bonding. What are my rights?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Samuel-II replied 5 years ago.

Hi

 

How long have you been employed with your company? How much notice did you give? Why were you denied? How many employees are there?

 

 

Customer: replied 5 years ago.
Ive been employed with my company for over 25 years now. When my wife was n labor i informed my employer that im going to take leave sometime october but i changeg it on november. When i told here friday bout my plan on november aitnd the date that im going to take it she said its not a family leave and she just turned away. Im employed in a 25 employee company.
Customer: replied 5 years ago.
Do i have a rights to take a family leave under california law?
Expert:  socrateaser replied 5 years ago.
Hello,

Different expert here. The expert with whom you first communicated is not qualified by Justanswer to answer California Employment Law questions. Please permit me to assist.

California law provides for payments from the State Disability Fund for wage loss of employees who take time off work to care for a seriously ill child, spouse, parent or domestic partner, or to bond with a new child. Unemp. Code §§ 2601, 3301(a); > 22 Ca Adc § 3303-1.

However, an employee's right to unpaid family care leave is provided by the Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA). The employee's right to partial compensation for wage loss is provided by Paid Family Leave, or PFL (also referred to in the statutes and regulations as Family Temporary Disability Insurance, or FTDI), and applies regardless of whether the employee qualifies for FMLA or CFRA leave. Employees entitled to leave under the FMLA and CFRA must take PFL leave concurrently with leave taken under the FMLA and CFRA. (The PFL does not create a new right to a leave of absence or provide any form of job protection.) Unemp.Ca Ins §§ 3300(b), 3303.1(b); 22 Ca Adc § 3301(a)-1.

In plain English, unless your employer has at least 50 employees working with 75 miles driving distance of your worksite, then your employer can deny you leave (even though you can obtain paid leave should you choose to take leave despite the employer's denial), and you would have no job protection.

Meaning that the instant you start your leave, you can be fired, and there would be nothing you could do about this outcome. This is a somewhat bizarre and unfair loophole which can be exploited by employers with less than 50 employees. Unfortunantely, it's the law, and until the legislature gets around to closing the loophole, all employees are in the same boat.

Please understand that I "justanswer" questions “about” the law. I have no interest in providing you with anything less than a completely satisfying answer. However, if the law does not favor your unique circumstances, then the best that I can do is to explain what the law "is" and what it "is not."

 


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