How many days a Pregnancy Woman can avail leave? by employmentattorney

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									How Many Weeks Of Pregnancy Leave is allowed in California?




A surprisingly large number of pregnant employees in California are unaware of exactly
how many weeks they may take off for pregnancy leave. The laws are complicated,
somewhat overlapping, and many times subject to limitations because some prior
medical condition caused the employee to use up some of her rights. Almost all
employees are entitled to up to 16 weeks (complex pregnancy) of leave under
California's Pregnancy Disability Law. The employer only need have 5 employees,
and there is no minimum length of service for this right to take leave (unpaid, unless the
company policy provides paid leave). Under California's Family Rights Act, up to 12
additional weeks may be used for baby bonding. Some time limitations apply here, and
basically that means the leave must be requested within the first year following the
baby's birth. No fair asking for baby bonding to attend your child's graduation
ceremonies from high school! Just see

    Here's the "gotcha" on baby bonding: It is an available right under the state and
federal family leave laws. However, if you have used all or part of the 12 weeks of
medical leave (even to take care of another sick family member), then only that part
remaining can be added to Pregnancy Disability Leave for purposes of baby-bonding.
Here are some more commonly asked Q's & A's.

Does baby bonding start when I give birth? No, your doctor must first find you are no
longer disabled from birth. While some bonding is obviously occurring, this is time
granted under pregnancy leave, not family leave.

If I'm qualified for baby bonding, do I need my supervisor's approval? Not if you have
property filled out your request and are otherwise qualified. Most employers have a
form which specifies which type of leave you are seeking. (Note, adoption carries with it
baby bonding rights as well as natural birth). Some employers will require written
verification that you have a new baby, but may NOT require an FMLA Certification of
Health Care Provider since bonding leave is not related to you or your baby's health
condition.
Do I have to take baby bonding all at once, or can I take a week here and there?
California State employees have a "minimum-duration" rule, which provides that a
minimum of two weeks must be taken at any one time. There is an exception for two
long weekend periods, however, so check carefully with your human resources
department.

Do I have to apply for baby bonding pre-delivery? No. You can't be forced to give notice
of more than 30 days in advance of your request. It is common for disability to continue
for 40-50 calendar days post-delivery, which means that you can easily ask for baby
bonding post-delivery.

Baby bonding rights are the subject of numerous company rules and regulations, so be
sure to ask your employer for any booklets or look on-line for their policies and
procedures. The biggest area of difference among employers tends to be in rights to
payment while on leave. A number of private and state disability policies may or may
not cover your leave so also check those sources.

As always, this blog is educational in nature. Be sure to seek a qualified attorney in your
jurisdiction (we practice state-wide in California only) if you have further questions.
Steve Danz

Pregnancy Disability Law


http://www.employmentattorneyca.com/practices/pregnancy/

								
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