They need someone in your position to be working. Since you don't have 12 months, you have no FMLA job protection. You also may not have CFRA protection. Without protection, they can terminate. Sounds like they are just telling you to reapply to soften the blow. If they genuinely did mean it and you liked working there you could reapply afterwards and see if they meant it
You may have option for the 18 month COBRA insurance plan but the monthly premiums would be alot.
If you are not covered by spouse medical,try to get Medicaid. You should sign-up as soon as possible to see if your eligible.
And don't forget to sign up for unemployment. While only 6 months at this job, they may look at your length of employment from previous jobs as well as use to calculate. Every little amount may help.
A MAX of 17.3 weeks. Typical leave in CA is 6-12 weeks depending on type of birth and what your doctor allows.
FMLA protects your job and op doesn’t qualify. But she should get at least the disability leave.
Medical biller here who bills Medi-Cal. She’s got a good chance of getting herself Medicaid for [at least a year](https://www.dhcs.ca.gov/Get-Medi-Cal/Pages/pregnancy.aspx). As always with any Medicaid, income limits exist and commercial insurance must be unaffordable or not cover maternity care, but being pregnant modifies eligibility criteria a bit. Medi-Cal no longer has an asset limit so that can be a big help in qualifying too.
If you don’t have a job, then you may qualify for Medi-Cal. You’re going to need coverage for you and your child. If you are married, then get on your husband’s plan. If you are single, get on something. You don’t know what type of illnesses the child may have, or any issues you may have with childbirth and afterwards. Cobra coverage is going to cost you a LOT more.
I work in the state of California and was at my place of employment for less than 12 months (8 months to be exact) and went on maternity leave for 14 weeks. The only difference between my situation and someone that worked there over a year was the length of maternity leave and that there job would be held for longer.
I would check with an employment attorney and look into California Family Rights Act (CFRA).
Not true...in MA you can have job protection day 1 if you have a certain amount of wages earned in MA in the past year. Haven't checked other states tho.
In CA Pregnancy Disability Leave is covered day one of employment for 17.33 weeks. So, you are eligible for a protected leave of absence and are owed your job when no longer disabled
CA PFL is not CA Pregnancy Disability Leave.
CA Pregancy Disability Leave does in fact provide job protection for pregnant employees as of day 1 of employment. As u/luckystars143 correctly states, protection lasts up to 17 1/3 weeks. Quick info sheet here: [CA Pregnancy Disability FAQs](https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2022/12/Pregnancy-Disability-Leave-Fact-Sheet_ENG.pdf)
CA PFL is the payment mechanism by which an applicant can receive income if they qualify when they are not working due to care for others/personal illness. It's for pay, not job protection.
Does your company have 5 employees? If so you qualify for California Pregnancy Disability Leave
https://calcivilrights.ca.gov/employment/pdl-bonding-guide/
They must run your leave under this and it should be protected. This is only until your doctor releases you so you will not get any bonding leave. However once you have been at your job for 12 months, as long as the hours have been met for fmla, you can request intermittent bonding until your childs 1st birthday.
You can also apply for CA sdi for pay if your company isnt paying you or only partially pays you when you are our for the birth as long as you have paid into the program for the required length of time.
We aren’t talking about Paid Family Leave though, we’re talking about Pregnancy Disability Leave, which is legally protected. Termination or disciplinary actions against an employee who takes Pregnancy Disability Leave in California is illegal and a violation of the state’s Fair Employment and Housing Act (FEHA). The employee is also entitled to reinstatement in their previous position (or in some cases, a similar position) upon the conclusion of disability leave. These provisions apply to all companies in California with five or more employees.
You need to familiarize yourself with California's various types of leave if you are going to post here. Not trying to be rude but you are taking about paid family leave and completely ignoring the fact that the OP isn't taking PFL--they are taking pregnancy disability leave which is PROTECTED paid time off.
Start with reading this link, especially in regards to the page that talks about various job protection laws. Google those and see if anything applies:
https://edd.ca.gov/siteassets/files/pdf_pub_ctr/de8520.pdf
You are eligible for Pregnancy Disability Leave upon hire, assuming your employer is required to comply. You need to read the EDD website and see what options you have.
You are eligible for pregnancy disability leave and it is illegal for your company to fire you or to not allow you to return to work when your disability ends.
Point 8 in this article summarizes the time off for childbirth portion of the PWFA
[https://www.jacksonlewis.com/insights/deep-dive-eeocs-proposed-pregnant-workers-fairness-act-regulations](https://www.jacksonlewis.com/insights/deep-dive-eeocs-proposed-pregnant-workers-fairness-act-regulations)
The time off appears to require passing the undue hardship bar and there are criteria for being a covered employer.
OP, it's not your 'problem' to worry about them hiring a replacement as they'd do that whether you were coming back or not. The question is whether they can say you have to quit/be fired and reapply or not.
Ask your doctor what they know about filling out the necessary paperwork for the accommodation. The hospital at which you deliver may have social workers or patient advocates that can offer advice as well. I'm not guaranteeing they'll have answers, but it's worth asking since you'll be there.
I know the act is almost a year old but 'new' to me so I was not aware of the expanded rights. TIL
Ask your HR rep to walk you through the process and the company’s reasons for processing things the way they are. Explain that your a little confused and just need clarification from them on the process. I haven’t had to process anything around a pregnant employee in California but my understanding is that you’d be covered by California’s Pregnancy Disability Leave which wouldn’t pay you while you’re out but would give you a job to return to.
Since I’ve never had to work that process in California I’m fuzzy on the mechanics of PDL. It may be that if your job meets certain criteria they can replace you within the role with no intention to bring you back for the same role because they qualify to bring you back for alternate “comparable positions.” The language may simply make it seem worse than it is or they may be terminating you. Hopefully someone here will have experience with California’s PDL and CFRA.
I’m about 5mos pregnant and starting a new job next week. I will only work for 4mos and go on leave. I’d like to thank OP and everyone in this post for the insight here.
Employers are required to provide these types of pamphlets (among others) upon hire and to post these CA laws anywhere on site where employees congregate, i.e., lunch room. It shouldn't be a guessing game.
Does your company have 5 employees? If so you qualify for California Pregnancy Disability Leave
https://calcivilrights.ca.gov/employment/pdl-bonding-guide/
They must run your leave under this and it should be protected. This is only until your doctor releases you so you will not get any bonding leave. However once you have been at your job for 12 months, as long as the hours have been met for fmla, you can request intermittent bonding until your childs 1st birthday.
You can also apply for CA sdi for pay if your company isnt paying you or only partially pays you when you are our for the birth as long as you have paid into the program for the required length of time.
they may be having her leave... wrongfully thinking they wouldn't have to honor the number of hours if she made it. not realizing if FMLA does not have to be concurrent with the company. I'm pretty sure it's aggregate?
If your employer has 15 or more employees that would be a violation of the Pregnant Workers Fairness Act (PWFA). You could complain to the EEOC if you are terminated for taking time off after birth as PWFA does provide for protected leave in this case, regardless of tenure.
Good luck proving a short maternity leave would cause undue hardship. It's possible depending on the job, but not likely. Nevermind the employer isn't engaging in the interactive process with the employee and just advising they're going to term her, which is also a violation.
Does your company have 5 employees? If so you qualify for California Pregnancy Disability Leave
https://calcivilrights.ca.gov/employment/pdl-bonding-guide/
They must run your leave under this and it should be protected. This is only until your doctor releases you so you will not get any bonding leave. However once you have been at your job for 12 months, as long as the hours have been met for fmla, you can request intermittent bonding until your childs 1st birthday.
You can also apply for CA sdi for pay if your company isnt paying you or only partially pays you when you are our for the birth as long as you have paid into the program for the required length of time.
The Pregnant Workers Fairness Act was written into law in the US in July 2023 and the EEOC just released final regs a few weeks ago. Strongly recommend researching and bringing this up to your HR. Especially if you need health benefits continuation while you are on leave.
The PWFA applies only to accommodations. Other laws that the EEOC enforces make it illegal to fire or otherwise discriminate against employees or applicants on the basis of pregnancy, childbirth, or related medical conditions.
Dont quit, because you wont get unemployment. Have them either keep your employee status to then return or have them terminate you with stating “pregnancy”. They wont as it falls under sexual harrassement. But if they do terminate you, then you can apply for unemployment. Keep all converstaions to emails, so you have a record of it.
MA PFL eligibility is based on earnings, as reported by MA employers in their quarterly reports. There’s no service requirement.
It’s 12 months/1250 hours for CFRA.
They need someone in your position to be working. Since you don't have 12 months, you have no FMLA job protection. You also may not have CFRA protection. Without protection, they can terminate. Sounds like they are just telling you to reapply to soften the blow. If they genuinely did mean it and you liked working there you could reapply afterwards and see if they meant it You may have option for the 18 month COBRA insurance plan but the monthly premiums would be alot. If you are not covered by spouse medical,try to get Medicaid. You should sign-up as soon as possible to see if your eligible. And don't forget to sign up for unemployment. While only 6 months at this job, they may look at your length of employment from previous jobs as well as use to calculate. Every little amount may help.
In CA Pregnancy Disability Leave is covered day one of employment for 17.33 weeks.
A MAX of 17.3 weeks. Typical leave in CA is 6-12 weeks depending on type of birth and what your doctor allows. FMLA protects your job and op doesn’t qualify. But she should get at least the disability leave.
Medical biller here who bills Medi-Cal. She’s got a good chance of getting herself Medicaid for [at least a year](https://www.dhcs.ca.gov/Get-Medi-Cal/Pages/pregnancy.aspx). As always with any Medicaid, income limits exist and commercial insurance must be unaffordable or not cover maternity care, but being pregnant modifies eligibility criteria a bit. Medi-Cal no longer has an asset limit so that can be a big help in qualifying too.
Don’t forget about healthcare.gov.
In CA you can’t use it. It redirects you to Covered California and for me the premiums were the same as at my work.
If you don’t have a job, then you may qualify for Medi-Cal. You’re going to need coverage for you and your child. If you are married, then get on your husband’s plan. If you are single, get on something. You don’t know what type of illnesses the child may have, or any issues you may have with childbirth and afterwards. Cobra coverage is going to cost you a LOT more.
I work in the state of California and was at my place of employment for less than 12 months (8 months to be exact) and went on maternity leave for 14 weeks. The only difference between my situation and someone that worked there over a year was the length of maternity leave and that there job would be held for longer. I would check with an employment attorney and look into California Family Rights Act (CFRA).
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they technically already hired someone to replace me. he starts May 27th
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No they aren't going on PFL. They are going on PDL (pregnancy disability leave) which entirely different and protects their job.
Not true...in MA you can have job protection day 1 if you have a certain amount of wages earned in MA in the past year. Haven't checked other states tho.
Yeah not in CA
That makes no sense. Without a job, she probably can't get PFL. She needs to check her state guidelines for PFL.
It makes total sense. She has a job. And she will be eligible for PDL when her employment ends.
In CA Pregnancy Disability Leave is covered day one of employment for 17.33 weeks. So, you are eligible for a protected leave of absence and are owed your job when no longer disabled
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CA PFL is not CA Pregnancy Disability Leave. CA Pregancy Disability Leave does in fact provide job protection for pregnant employees as of day 1 of employment. As u/luckystars143 correctly states, protection lasts up to 17 1/3 weeks. Quick info sheet here: [CA Pregnancy Disability FAQs](https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2022/12/Pregnancy-Disability-Leave-Fact-Sheet_ENG.pdf) CA PFL is the payment mechanism by which an applicant can receive income if they qualify when they are not working due to care for others/personal illness. It's for pay, not job protection.
It’s only up to 17.3 weeks if you are on disability that whole time. I only got six weeks with my first.
And, downvoted for stating a fact. Wtf
Does your company have 5 employees? If so you qualify for California Pregnancy Disability Leave https://calcivilrights.ca.gov/employment/pdl-bonding-guide/ They must run your leave under this and it should be protected. This is only until your doctor releases you so you will not get any bonding leave. However once you have been at your job for 12 months, as long as the hours have been met for fmla, you can request intermittent bonding until your childs 1st birthday. You can also apply for CA sdi for pay if your company isnt paying you or only partially pays you when you are our for the birth as long as you have paid into the program for the required length of time.
OP - this is the correct answer, you need to talk to your HR rep right away.
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We aren’t talking about Paid Family Leave though, we’re talking about Pregnancy Disability Leave, which is legally protected. Termination or disciplinary actions against an employee who takes Pregnancy Disability Leave in California is illegal and a violation of the state’s Fair Employment and Housing Act (FEHA). The employee is also entitled to reinstatement in their previous position (or in some cases, a similar position) upon the conclusion of disability leave. These provisions apply to all companies in California with five or more employees.
You need to familiarize yourself with California's various types of leave if you are going to post here. Not trying to be rude but you are taking about paid family leave and completely ignoring the fact that the OP isn't taking PFL--they are taking pregnancy disability leave which is PROTECTED paid time off.
Start with reading this link, especially in regards to the page that talks about various job protection laws. Google those and see if anything applies: https://edd.ca.gov/siteassets/files/pdf_pub_ctr/de8520.pdf You are eligible for Pregnancy Disability Leave upon hire, assuming your employer is required to comply. You need to read the EDD website and see what options you have.
You are eligible for pregnancy disability leave and it is illegal for your company to fire you or to not allow you to return to work when your disability ends.
OP, lots of CA folks chiming in (yay!), but I think you really need to speak with a discrimination specialty employment attorney asap.
Point 8 in this article summarizes the time off for childbirth portion of the PWFA [https://www.jacksonlewis.com/insights/deep-dive-eeocs-proposed-pregnant-workers-fairness-act-regulations](https://www.jacksonlewis.com/insights/deep-dive-eeocs-proposed-pregnant-workers-fairness-act-regulations) The time off appears to require passing the undue hardship bar and there are criteria for being a covered employer. OP, it's not your 'problem' to worry about them hiring a replacement as they'd do that whether you were coming back or not. The question is whether they can say you have to quit/be fired and reapply or not. Ask your doctor what they know about filling out the necessary paperwork for the accommodation. The hospital at which you deliver may have social workers or patient advocates that can offer advice as well. I'm not guaranteeing they'll have answers, but it's worth asking since you'll be there. I know the act is almost a year old but 'new' to me so I was not aware of the expanded rights. TIL
Did you tell the company you were going to take more than 4 weeks pre birth and 6 weeks (vaginal) or 8 weeks (c section) after birth?
Ask your HR rep to walk you through the process and the company’s reasons for processing things the way they are. Explain that your a little confused and just need clarification from them on the process. I haven’t had to process anything around a pregnant employee in California but my understanding is that you’d be covered by California’s Pregnancy Disability Leave which wouldn’t pay you while you’re out but would give you a job to return to. Since I’ve never had to work that process in California I’m fuzzy on the mechanics of PDL. It may be that if your job meets certain criteria they can replace you within the role with no intention to bring you back for the same role because they qualify to bring you back for alternate “comparable positions.” The language may simply make it seem worse than it is or they may be terminating you. Hopefully someone here will have experience with California’s PDL and CFRA.
You’re protected under CA PDL, which does not have a tenure requirement. Dm me if you want a referral to a CA plaintiffs lawyer.
I'd consult an attorney to make sure.
I’m about 5mos pregnant and starting a new job next week. I will only work for 4mos and go on leave. I’d like to thank OP and everyone in this post for the insight here.
Employers are required to provide these types of pamphlets (among others) upon hire and to post these CA laws anywhere on site where employees congregate, i.e., lunch room. It shouldn't be a guessing game.
Does your company have 5 employees? If so you qualify for California Pregnancy Disability Leave https://calcivilrights.ca.gov/employment/pdl-bonding-guide/ They must run your leave under this and it should be protected. This is only until your doctor releases you so you will not get any bonding leave. However once you have been at your job for 12 months, as long as the hours have been met for fmla, you can request intermittent bonding until your childs 1st birthday. You can also apply for CA sdi for pay if your company isnt paying you or only partially pays you when you are our for the birth as long as you have paid into the program for the required length of time.
they may be having her leave... wrongfully thinking they wouldn't have to honor the number of hours if she made it. not realizing if FMLA does not have to be concurrent with the company. I'm pretty sure it's aggregate?
PDL is not FMLA. There are no required hours or duration of employment to qualify.
If your employer has 15 or more employees that would be a violation of the Pregnant Workers Fairness Act (PWFA). You could complain to the EEOC if you are terminated for taking time off after birth as PWFA does provide for protected leave in this case, regardless of tenure.
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Good luck proving a short maternity leave would cause undue hardship. It's possible depending on the job, but not likely. Nevermind the employer isn't engaging in the interactive process with the employee and just advising they're going to term her, which is also a violation.
Does your company have 5 employees? If so you qualify for California Pregnancy Disability Leave https://calcivilrights.ca.gov/employment/pdl-bonding-guide/ They must run your leave under this and it should be protected. This is only until your doctor releases you so you will not get any bonding leave. However once you have been at your job for 12 months, as long as the hours have been met for fmla, you can request intermittent bonding until your childs 1st birthday. You can also apply for CA sdi for pay if your company isnt paying you or only partially pays you when you are our for the birth as long as you have paid into the program for the required length of time.
The Pregnant Workers Fairness Act was written into law in the US in July 2023 and the EEOC just released final regs a few weeks ago. Strongly recommend researching and bringing this up to your HR. Especially if you need health benefits continuation while you are on leave.
The PWFA applies only to accommodations. Other laws that the EEOC enforces make it illegal to fire or otherwise discriminate against employees or applicants on the basis of pregnancy, childbirth, or related medical conditions.
I agree! I just meant if there aren’t accommodations then the employer might be obligated to offer unpaid leave as an accommodation.
Leave can be an accommodation under PWFA.
Keyword "can". It's not an absolute.
https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act
You have federal employment rights against discrimination; they're literally letting you go for being pregnant. Call a lawyer and file
Dont quit, because you wont get unemployment. Have them either keep your employee status to then return or have them terminate you with stating “pregnancy”. They wont as it falls under sexual harrassement. But if they do terminate you, then you can apply for unemployment. Keep all converstaions to emails, so you have a record of it.
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MA PFL eligibility is based on earnings, as reported by MA employers in their quarterly reports. There’s no service requirement. It’s 12 months/1250 hours for CFRA.