Is this legal?

[Jenny]

I am guessing it IS legal but I wanted to ask here. I asked my new employer yesterday what their policies are for pregnancy related illness. (I am not pg and not actively ttc, however, would be thrilled with a surprise miracle) They said that with ANY illness whether pg related or otherwise if you miss four months of work, you are automatically terminated. One guy was in a car accident after working there for ten years and was terminated after four months out. They did rehire him when he was healthy at six months. Anyway, they said that four months total was their limit so if I could not work (HG plus my job is very dangerous) for my last three months of pg, then had a c/s and needed eight weeks off, I would be terminated one month into post partum and have to reapply for my job.

[aaronsmommy]

Well sort of . . .

They are allowed to terminate you after 4 months of disability, pregnancy or otherwise (I think they need to notify you that your FMLA time is running concurrently though - which they can make you do). BUT you do get 12 weeks of "baby bonding" CFRA time after delivery which is independant of that, so the 4 months can all be taken before delivery assuming everything goes well with that.

I'm not a lawyer, but I think they way it works is that as long as they haven't fired you before delivery, you get those 12 weeks after. So if you took a few months off at the beginning, then a few at the end and it was more than 4 total but they didn't fire you, then the 12 weeks start at delivery and they can no longer fire you when they figure out it was more than 4 before. Check with a lawyer if you want to know for sure.

[teddi]

Keep in mind- some of those laws- FMLA and CFRA (which you should be covered under) __DO NOT_ kick in or apply to you until you have worked for your employer at least 1 year and 1250 hours.

However, pregnancy disability leave (CA law only) allows for 88 days time off- which can be used in partial days or chunks of time. PDL starts as soon as your job does.

Just like Aimee said- you do have to be notified your FMLA is being used (so they can run it concurrent w/the PDL or other -which now it can be used to cover your disabiliity, pregnancy related or not, a family members illness, even ON THE JOB injury, etc).

CFRA and FMLA CANNOT be used concurrently (that's spelled out in the FMLA law). The time MUST be separate - CFRA applies after baby is born- 12 weeks like aimee said- but it's NOT paid and benefits do NOT have to be maintain- though the law/employers allows for it (being paid, benefits covered) if you "cover" the time off with sick leave/vacation leave.

Make sure you mark your first day of hire on the calendar and keep a running idea of how many hours you've worked. If it's less than 1 yr and 1250... you still do have PDL--- which for us HGers can be eaten up REAL quick. The PDL covers during and after delivery (if you had NO other leave). If you work less than than 1 year- you kinda only have the PDL. If you are close to that 1 year and 1250 hrs... I would make every attempt to work as much as I could to hit those markers. As doing so gets you another 24 weeks of time off.

Remember, per PDL- your Doctor can modify your work responsibilities.

Being part time, i'll never hit that dang 1250 unless I have the opportunity of lots of extra over time ... so no CRFA or FMLA for me (unless there is some caveat that I don't know about).. if I worked 24 hrs I would hit that many hours

[krdoty]

I'm familiar with FMLA. I'm not familliar with PDL, but I think Teddi's explanation is enough to make me understand how it applies to Californians. But what is CRFA?

[teddi]

PDL and CRFA are both CA only laws. PDL is Pregnancy Disability Leave and CFRA is California Family Rights Act- similar to in some ways FMLA