FMLA/CFRA &PDL

Eliant

I know this sounds silly!!
In reviewing all LOA with my staff I have found out that we have an employee who was placed on FMLA.
1)8/13/02 FMLA due to pregnancy complications, she exausted all of her FMLA on 11/4/02.
2)We extended her leave by using PDL which we ran concurrent with the FMLA until 12/13/02.
3)She is still out, ( I do not know under what LOA to classify this)
4)Her expected delivery date is 3/3/03. She has requested additional time off after the delivery of the baby (I assume that CFRA will kick in) which is an additional 12 weeks.

Can anyone tell me how do I classify #3, i.e. extended medical leave etc... Our concern is that what ever we do for her we must do for others in a similar situation.

Gillian

Actually, there is nothing silly about trying to figure our how the three regulations interact. Since CFRA cannot be used concurrently with FMLA or PDL, it is all available for use as soon as the others run out. You should place the employee on CFRA now - it isn't necessary to wait until the delivery date.

Rockie

Jeeze, by the time she exhausts all this leave, she may be pregnant again! (Sorry).
I assume CFRA is California Family Rights Act? Is this an additional 12 weeks in addition to FMLA?

Gillian

It is and it cannot run concurrently with either PDL (Pregnancy Disability Leave) or FMLA when the issue is pregnancy. CFRA can run concurrently with FMLA on everything else.