California Employment Law

Have California employment law questions? Ask a lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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.

Show More
Show Less
Ask Your Own California Employment Law Question
Answered in 2 days by:
1/14/2018
N Cal Atty
N Cal Atty, Attorney
Category: California Employment Law
Satisfied Customers: 9,896
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 7 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: 9,896
Experience: Since 1983
Verified
N Cal Atty and 87 other California Employment Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a california employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask N Cal Atty Your Own Question
N Cal Atty
N Cal Atty
N Cal Atty, Attorney
Category: California Employment Law
Satisfied Customers: 9,896
9,896 Satisfied Customers
Experience: Since 1983

N Cal Atty is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

LawTalk

LawTalk

Attorney

1,285 satisfied customers

I have 30 years of experience in the practice of law, including employment law and discrimination law.

Brandon, Esq.

Brandon, Esq.

Lawyer

348 satisfied customers

Has received a certificate of recognition from the California State Senate for his outstanding legal service.

melissamesq

melissamesq

Attorney

47 satisfied customers

Represent clients to maximum recovery in employment cases.

legalg

legalg

Other

58 satisfied customers

General Practitioner. Research Attorney

Roy Hadavi

Roy Hadavi

15 satisfied customers

Attorney at Law Offices of Rosenstein & Associates

Attorney2020

Attorney2020

Lawyer.

69 satisfied customers

I have significant experience in employment law.

Legal Counsel

Legal Counsel

Lawyer

32 satisfied customers

California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.

< Previous | Next >

Related California Employment Law Questions
Can an employee request FMLA to take off for holidays. Part
Can an employee request FMLA to take off for holidays … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
I had a baby in June 2015. During my pregnant my doctor put
Hi, I had a baby in June 2015. During my pregnant my doctor put me out for 2 weeks 4 days due to pregnancy related surgery/complications back end of Jan/1st week of Feb 2015. I went back to work Feb 9… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My employer denied my request bonding time. They said
My employer denied my request for CA bonding time. They said I exhausted my 12 weeks of FLMA and that the bonding time was included in that 12 week period. I thought I could take up to an additional 6… read more
LawTalk
LawTalk
Attorney
Juris Doctor
1,285 satisfied customers
In Nov 2013, I started having issues with my job claiming that
In Nov 2013, I started having issues with my job claiming that my performance had declined and needed to improve. the items which they said i was not performing well on were brought to my attention. I… read more
Joseph
Joseph
Attorney at Law
Doctoral Degree
1,157 satisfied customers
I am pregnant and my due date is around end of August. I plan
I am pregnant and my due date is around end of August. I plan to avail the following leaves: 1. Maternity leave for 4 weeks prior to my due date. (beginning 1st August to end of August) 2. 6-8 weeks o… read more
Joseph
Joseph
Attorney at Law
Doctoral Degree
1,157 satisfied customers
I own a restaurant in California with 10 employees. One of
I own a restaurant in California with 10 employees. One of my shift leaders took a pregnancy leave six weeks ago to give birth. Prior to her leaving she was having performance issues, however I have n… read more
Joseph
Joseph
Attorney at Law
Doctoral Degree
1,157 satisfied customers
Physician took employee off work 6/11/13 due to high risk pregnancy.
Physician took employee off work 6/11/13 due to high risk pregnancy. Baby born 7/3/13. Employee is utilizing FMLA, CFRA and PDL. What date is she to return to work since she is allowed 4 months? Is th… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I recently discovered that I am pregnant, and am trying to
I recently discovered that I am pregnant, and am trying to research my leave options once my baby is born, but seem to be going round in circles - maternity leave, pregnancy disability leave CFRA... M… read more
Brandon, Esq.
Brandon, Esq.
Lawyer
Doctoral Degree
348 satisfied customers
in CA, how much Protected leave (job security) can someone
in CA, how much Protected leave (job security) can someone take for pregnancy? I'm so confused with Pregnancy Disability leave, FMLA, CFRA, Baby Bonding time, how many weeks, how long my job is protec… read more
Joseph
Joseph
Attorney at Law
Doctoral Degree
1,157 satisfied customers
I am a physician in California. Prior to going on maternity
I am a physician in California. Prior to going on maternity leave for 4 months to care for twins, I was a full-time salaried employee. I requested to return to part-time meaning 20 hours a week instea… read more
LawTalk
LawTalk
Attorney
Juris Doctor
1,285 satisfied customers
employee benefits: an employee has asked for 12 weeks off of
employee benefits: an employee has asked for 12 weeks off of work for birth of child under FMLA. She is also asking for additional 6 weeks under "California Paid Family Leave Act" for a total of 18 we… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My wife is about to go on her maternity leave. Were trying
My wife is about to go on her maternity leave. We're trying to figure out how to combine all the leave programs in the best way.Here's the question:FMLA runs concurrently with pregnancy disability (4+… read more
Brandon, Esq.
Brandon, Esq.
Lawyer
Doctoral Degree
348 satisfied customers
I was put on pregnacy disability on may 14 by my doctor.I had
I was put on pregnacy disability on may 14 by my doctor.I had a c -cection May 25 gave birth to twin girls.had hematoma comications after post partum my doctor released me back to work Aug 20.at that … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Hi, My friend is 5 months pregnant and aproximately 3 months
Hi, My friend is 5 months pregnant and aproximately 3 months back her managment started to make her life misrable asking to move desks, working afterworks, calling in the office even for 2 min coming … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I am 25 weeks pregnant, and due to complications am now off
I am 25 weeks pregnant, and due to complications am now off of work. Does my employer have to hold my job until after the baby is born, or can I be terminated? And would I be allowed the 6 weeks of di… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Do I get to have 4 months pregnancy disability leave as well
Do I get to have 4 months pregnancy disability leave as well as 6 weeks family leave back to back?… read more
socrateaser
socrateaser
1,031 satisfied customers
I have been out on maternity leave since 5/20/11. Six weeks
I have been out on maternity leave since 5/20/11. Six weeks after I delivered I was very sick and in and out of the hospital. They finally found that I needed my gallbladder removed. I spoke to HR and… read more
N Cal Atty
N Cal Atty
Attorney
JD
9,896 satisfied customers
I went out on maternity leave (pregnancy disability) on oct
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 h… read more
socrateaser
socrateaser
1,031 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x