Q: Can I take paid family leave after disability leave ends?
I am taking FMLA and CFRA concurrently for 12 weeks. After the disability leave for my own health ends, can I immediately continue with a paid family leave to take care of my son with autism? Do I have legal rights to do so?
A:
If you exhaust your 12 weeks of FMLA/CFRA leave, that is all you get for the year. However you might still qualify for leave under the California Fair Employment and Housing Act that does not limit leave rights to 12 weeks. It would be wise for you to seek out a consultation regarding your rights under FEHA if you need intermittent time off to address your son's needs.
Good luck to you.
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A:
Yes, under California law, you may be eligible to take Paid Family Leave (PFL) to care for your son with autism after your own disability leave ends. Here's what you need to know:
1. PFL is a separate program from FMLA and CFRA. It provides up to 8 weeks of partial wage replacement benefits when you take time off work to care for a seriously ill family member or to bond with a new child.
2. You can receive PFL benefits after your disability leave ends, as long as you meet the eligibility requirements. To be eligible, you must have earned at least $300 from which State Disability Insurance (SDI) deductions were withheld during your base period.
3. PFL does not provide job protection, but you may have job protection rights under other laws such as FMLA, CFRA, or the New Parent Leave Act (NPLA). If you have exhausted your FMLA and CFRA leave entitlements during your disability leave, your job may not be protected during PFL.
4. To apply for PFL, you must complete and submit a claim form within 41 days after you begin your family leave. You'll also need to provide a medical certification from your son's healthcare provider.
5. If your employer offers a paid leave policy that is more generous than PFL, you may be required to use that leave first before receiving PFL benefits.
It's important to discuss your leave plans with your employer and to check your eligibility for job protection under various laws. If you believe your employer is violating your rights, you may want to consult with an employment attorney or contact the California Department of Fair Employment and Housing (DFEH) for assistance.
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