Q: Can I take leave from Work under CFRA for medical issue caused by childbirth?
I gave birth onMay 20th, my 4 months leave under PDL will end on September 20th. I had some complications during delivery and today my doctor told me that I need to rest for another 2months. I know that I’m entitled for another 12 weeks leave for baby bonding time under CFRA. My question is Can I take additional 2 months leave under CFRA to take care my medical issue instead of using it for baby bonding? I read online that’s Pregnancy and childbirth related issue/ condition are not considered “serious health condition” under CFRA.
I work for a large company and been there for 4 years.
A:
Your CFRA leave time is limited related to medical disabilities, but even if you exceed your designated CFRA time, the Fair Employment and Housing Act will require your employer to extend additional unpaid leave to you to address a disabling condition under most circumstances. Be sure your doctor provides a note that indicates your need for additional leave and a predicted time of return to work and get that to your employer.
If you face any adverse employment actions as a result of your need for additional leave it would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law work offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
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