FMLA/PDL pregnancy disability leave confusing, California

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FMLA/PDL pregnancy disability leave confusing, California

Post  jmyu13 on Thu Oct 02, 2008 4:19 pm

I am pregnant and have started to take disability for my pregnancy due to the severe morning sickness. I have had my doctor completed all the forms and so forth. My question is, if I have started to take disability leave Sept 1, what are my options if I am unable to return to work until 8 weeks later. I received a letter from my HR saying FMLA and PDL run concurrently and that FMLA only allows for 12weeks of leave while PDL allows 88 working days of leave, BUT they run concurrently. Is it true they run concurrently?, I have found several websites which say they do and don't.

So if I take FMLA for 8 weeks, then I return to work. So when I give birth, does that mean I only have 4 weeks to recover? How does PDL go into this if 88 working days is more than the 12 weeks?

Any help would be appreciated.

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Re: FMLA/PDL pregnancy disability leave confusing, California

Post  JoeC (McGruff) on Thu Oct 02, 2008 4:28 pm

Read this for now http://www.arkadylaw.com/1/category/pregnancy%20leave/1.html
Arkady is Admin here if you have more questions. I will hail him to see if he elaborates.
Morning sickness is covered under the F.M.L.A
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Last edited by JoeC (McGruff) on Thu Oct 02, 2008 8:43 pm; edited 1 time in total
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Re: FMLA/PDL pregnancy disability leave confusing, California

Post  jmyu13 on Thu Oct 02, 2008 7:05 pm

What happens if you start to take fmla intermittently. Such as only working 3 days a week, how does that calculate into the 12 weeks?

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Re: FMLA/PDL pregnancy disability leave confusing, California

Post  JoeC (McGruff) on Thu Oct 02, 2008 7:49 pm

They would subtract it from the total 12 weeks.
The important difference between FMLA and CFRA is that FMLA leave generally runs concurrently with the pregnancy disability leave CFRA does not, and in fact it expressly excludes disabilities due to pregnancy, childbirth, and related medical conditions. Thus, some women may qualify for four months of disability leave and an additional twelve weeks of CFRA leave. It is important to note that if a woman decides to take both, the pregnancy disability leave and CFRA leave, her right to reinstatement will be governed by CFRA and not PDLL. This means that she will be entitled to a comparable position rather than the same position when reinstated.
-Arkady-


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Re: FMLA/PDL pregnancy disability leave confusing, California

Post  jmyu13 on Thu Oct 02, 2008 8:14 pm

I've read that and really tried to understand it. So my understand from the quote then, is that CFRA is not for pregnancy related conditions. If that is the case, how can the next line be true, "some women may qualify for four months of disability leave and an additional twelve weeks of CFRA leave". Where I am assuming 4 months of disability is for pregnancy disability. Is my logic incorrect?

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Re: FMLA/PDL pregnancy disability leave confusing, California

Post  JoeC (McGruff) on Thu Oct 02, 2008 8:40 pm

The "some women may qualify for four months of disability leave and an additional twelve weeks of CFRA leave" deals with pregnancy related complications as I read it.

According to the Employment Development Department, women with normal pregnancies typically receive disability benefits for up to six weeks after giving birth. Women who have c-sections or any number of other complications relating to pregnancy or childbirth will likely be entitled to longer leave periods.
-Arkady-

Whether morning sickness would fall under "other complications relating to pregnancy or childbirth" Hopefully the author will clarify. However morning sickness is one of the few conditions specifically cited in the federal code that falls outside of reporting requirements.
29 C.F.R 825.114(e) Absences attributable to incapacity under paragraphs (a)(2) (ii) or (iii) qualify for FMLA leave even though the employee or the immediate family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three days. For example, an employee with asthma may be unable to report for work due to the onset of an asthma attack or because the employee's health care provider has advised the employee to stay home when the pollen count exceeds a certain level. An employee who is pregnant may be unable to report to work because of severe morning sickness.
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Re: FMLA/PDL pregnancy disability leave confusing, California

Post  bears00 on Sun Oct 12, 2008 6:37 am

I am going to ask these questions, because they are pertinent. How many weeks pregnant are you, and what is magical about 8 weeks from now? In other words, how can you be certain that you will be able to return to work in 8 weeks versus let's say 6 weeks or 10 weeks???
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