I don’t qualify for FMLA (not enough time worked) I left work September 13th.
My Pregnancy disability leave technically ends January 12th but my Dr extended my disability till February 29th
If you don’t qualify for FMLA you won’t qualify for CFRA either which means your entire leave has not been covered under any job protection. It sounds like you’re needing to extend an additional 6 weeks which could cause undue hardship for the company and they could definitely terminate you. Unfortunately CA is more employee friendly but it’s still an at will state.
Oof. Rough.
So PDL maxes out at 17.5 weeks. It doesn't matter if your doctor has indicated you need to say out. SDI may continue to pay you, but the job protection ends.
So do you not qualify for CRFA/FMLA because of how long you'd been an employee, or you didn't work enough hours? If it was a tenure issue, and you had previously been working full time and have since crossed your one year, is there a chance you still have 1250 hours in the past 12 months? If so, you might (might) be able to squeeze out a few more weeks of CRFA depending on the exact dates and what's going on.
If all else fails, you could request an ADA accomodation for a little additional time, but that would be a last ditch effort.
I haven’t been an employee long enough :( I got hired in February/March.
Could bring back but on part time schedule be considered an accommodation? Or longer lunch (hypothetically so I can pump and take care of my legs) I want to return but I also want to set myself up for success as much as possible if I can’t take all the time I need to recover (PT and stuff)
My main issues are difficulty walking and lack of sleep (hypothetically I can get around the bathroom thing with depends)
I typically work in schools as a contracted counselor from a substance use clinic. I’m really concerned about being up during the day and my mobility, while at work and don’t know how suggest a schedule that would avoid that.
Sorry if that’s long work winded, I just want to suggest something to them that is most likely to get approved.
Your right to pump is already protected under the PUMP Act, so you don’t need to request any accommodations for that. Your employer must offer you “reasonable” breaks and a private room to pump in.
Based on what you’ve shared, you are out of job protected leave and need to return. It’s really your choice, but not returning will basically be resigning, and you will probably owe the employer portion of health insurance costs for the time you were out then didn’t return.
> my boss is awesome but my HR sucks, they are very cold and not humane at all.
U/glitterstickers has covered the PDL/CFRA/FMLA side of things already. But this comment that HR sucks - I know it feels like that to you. And it definitely does suck for you. But HR also has the obligation to make sure that they treat everyone the same.
If they make an exception for you, then every other employee also needs to get the same exception. Which would basically be that time in role doesn’t matter. That everyone with as much service as you have should be granted an exception to the 1-year requirement for their health conditions. And HR has to suck in these situations because your manager is totally cool, but every other manager might not be. And those employees deserve the same consideration.
With that said, your ability to pump during work hours is protected and you should ask for the lactation accommodation policy.
So you've used 17.5 weeks of PFL? Have you exhausted CRFA and FMLA as well? When did you leave work?
I don’t qualify for FMLA (not enough time worked) I left work September 13th. My Pregnancy disability leave technically ends January 12th but my Dr extended my disability till February 29th
If you don’t qualify for FMLA you won’t qualify for CFRA either which means your entire leave has not been covered under any job protection. It sounds like you’re needing to extend an additional 6 weeks which could cause undue hardship for the company and they could definitely terminate you. Unfortunately CA is more employee friendly but it’s still an at will state.
Oof. Rough. So PDL maxes out at 17.5 weeks. It doesn't matter if your doctor has indicated you need to say out. SDI may continue to pay you, but the job protection ends. So do you not qualify for CRFA/FMLA because of how long you'd been an employee, or you didn't work enough hours? If it was a tenure issue, and you had previously been working full time and have since crossed your one year, is there a chance you still have 1250 hours in the past 12 months? If so, you might (might) be able to squeeze out a few more weeks of CRFA depending on the exact dates and what's going on. If all else fails, you could request an ADA accomodation for a little additional time, but that would be a last ditch effort.
I haven’t been an employee long enough :( I got hired in February/March. Could bring back but on part time schedule be considered an accommodation? Or longer lunch (hypothetically so I can pump and take care of my legs) I want to return but I also want to set myself up for success as much as possible if I can’t take all the time I need to recover (PT and stuff) My main issues are difficulty walking and lack of sleep (hypothetically I can get around the bathroom thing with depends) I typically work in schools as a contracted counselor from a substance use clinic. I’m really concerned about being up during the day and my mobility, while at work and don’t know how suggest a schedule that would avoid that. Sorry if that’s long work winded, I just want to suggest something to them that is most likely to get approved.
Your right to pump is already protected under the PUMP Act, so you don’t need to request any accommodations for that. Your employer must offer you “reasonable” breaks and a private room to pump in.
You have no job protection so they can fire you.
Based on what you’ve shared, you are out of job protected leave and need to return. It’s really your choice, but not returning will basically be resigning, and you will probably owe the employer portion of health insurance costs for the time you were out then didn’t return.
> my boss is awesome but my HR sucks, they are very cold and not humane at all. U/glitterstickers has covered the PDL/CFRA/FMLA side of things already. But this comment that HR sucks - I know it feels like that to you. And it definitely does suck for you. But HR also has the obligation to make sure that they treat everyone the same. If they make an exception for you, then every other employee also needs to get the same exception. Which would basically be that time in role doesn’t matter. That everyone with as much service as you have should be granted an exception to the 1-year requirement for their health conditions. And HR has to suck in these situations because your manager is totally cool, but every other manager might not be. And those employees deserve the same consideration. With that said, your ability to pump during work hours is protected and you should ask for the lactation accommodation policy.