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Pregnancy Disability Leave, FMLA, and CFRA. How does it work?

San Jose, CA |

I'm a government worker and have been employed with the agency since 10/28/13. I am pregnant and due to deliver 09/01/14. Off the bat, I know I am not initially eligible for FMLA or CFRA as I have to have 52 weeks of service. However, my understanding is pregnancy disability, which can allow up to 4 months of leave, doesn't have a service requirement. Human resources doesn't seem to believe it exists. After getting them to acknowledge it, they are saying it doesn't provide benefits except for me (not my dependents). SB 299 however says I am eligible to have the employer pay for benefits as if I was still working which should include my dependents too, correct? Secondly..if I return to work and finish my 52 weeks of service after PDL, I can still take 6 weeks of FMLA and 12 CFRA right?

Attorney Answers 1


It sounds like you have already figured it out. What os your question? You may aant to call the Dept. Of Industrial Relations for assistance. That would be your least expensive option.

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