California Employment Law

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I was out on pregnancy disability from april 1, 2017- August…

I was out on...

I was out on pregnancy disability from april 1, 2017- August 1, 2017, then took 6 weeks of cfra from August 1 to September 12th.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

California. On my return to work, I was told I had 41 days left of bonding. I took 7 in November and 14 from December 24- January 6th. I've requested one week in March and am being told I'd have to take all my remaining time then because I've had two periods off that were 2 weeks or less. I thought I was entitled to 2 periods of LESS than 2 weeks, but they're saying the 2 weeks counts as one of the occurrences because it wasn't more than 2 weeks.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time, nonunion. I've been there for 10 years.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

If I am correct about being entitled to use another period of time less than 2 weeks, I'd have only 13 days remaining. Since I'd have used two occurrences of 1 week and 1week, I'd like to know if they can deny my last 13 days.

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Answered in 2 days by:
1/14/2018
N Cal Atty
N Cal Atty, Attorney
Category: California Employment Law
Satisfied Customers: 9,702
Experience: Since 1983
Verified

I am sorry to hear this.

https://www.shrm.org/resourcesandtools/tools-and-samples/policies/pages/california-cfra-fmla-leave-policy.aspx

states:

"Note that employers are not required to provide intermittent leave for baby bonding under the FMLA, but it must be allowed under the CFRA in increments of two weeks except employers must allow for shorter absences on at least two occasions."

You took a 2 week leave over the Holidays, so you have only taken one leave period of less than two weeks. So my answer is that you are correct and the employer is mistaken. The two official holidays between 12/24 and 1/6 are counted as part of your CFRA leave:

https://govt.westlaw.com/calregs/Document/IA19D28BA34074D5F989B7FEBD829736A?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)

at C3 states:

"(3) If a holiday falls within a week taken as CFRA leave, the week is nevertheless counted as a week of CFRA leave. If, however, the employer's business activity has temporarily ceased for some reason and employees generally are not expected to report for work for one or more weeks, (e.g., a school closing for two weeks for the Christmas/New Year holiday or summer vacation or an employer closing the plant for retooling), the days the employer's activities have ceased do not count against the employee's CFRA entitlement. Similarly, if an employee uses CFRA leave in increments of less than one week, the fact that a holiday may occur within a week in which an employee partially takes leave does not count against the employee's CFRA entitlement unless the employee was otherwise scheduled and expected to work during the holiday."

They cannot deny you the last 13 days of leave to which you are entitled under CFRA.

You can get a free consultation from some of the employment law attorneys listed by location here.

Sometimes a letter from a local attorney is enough to resolve this type of issue. If not, you can sue the employer under the CFRA, Government Code section 12945.2:

"(t) It shall be an unlawful employment practice for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section."

I hope this information is helpful.

Ask Your Own California Employment Law Question
Customer reply replied 4 months ago
even though the remaining leave of 13 days would be a third period of less than 2 weeks, they have to let me have It?This is very helpful, they are trying to tell me I'll lose the 13 days now if I take 7 days in March instead of 6 to leave me 14 days.

To be on the safe side I would only take 6 days in March because I was unable to find a clear answer to this situation where a person takes two CFRA leaves of less than 2 weeks but still has 13 days remaining. I suggest that you direct that question to DFEH.

N Cal Atty
N Cal Atty, Attorney
Category: California Employment Law
Satisfied Customers: 9,702
Experience: Since 1983
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N Cal Atty
N Cal Atty
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Category: California Employment Law
Satisfied Customers: 9,702
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