https://boards.hellobee.com/ Pregnancy, Baby and Parenting blog, by Hellobee en Thu, 16 Apr 2026 21:52:22 +0000 https://boards.hellobee.com/topic/i-dont-qualify-for-fmla-or-cfra#post-2106874 Thu, 12 Mar 2015 23:30:30 +0000 birdofafeather 2106874@https://boards.hellobee.com/ <p>@Warbler: Yep. Not sure of my company's obligation but they kept me position for me. </p> https://boards.hellobee.com/topic/i-dont-qualify-for-fmla-or-cfra#post-2106366 Thu, 12 Mar 2015 16:47:24 +0000 pinkcupcake 2106366@https://boards.hellobee.com/ <p>Yeah, the laws are super confusing. </p> <p>I'm sorry you are stressed. Hopefully your job will be safe, but even if it's not...They don't sound like a very good company to work for :( </p> https://boards.hellobee.com/topic/i-dont-qualify-for-fmla-or-cfra#post-2106303 Thu, 12 Mar 2015 15:53:09 +0000 Warbler 2106303@https://boards.hellobee.com/ <p>@birdofafeather: Wait, so you were still able to use FMLA?</p> <p>@stratosphere: Ah, thank you. That is super helpful! </p> https://boards.hellobee.com/topic/i-dont-qualify-for-fmla-or-cfra#post-2106252 Thu, 12 Mar 2015 15:18:52 +0000 stratosphere 2106252@https://boards.hellobee.com/ <p>@Warbler: Yes, it is so confusing, but I believe that the period you are actually disabled by pregnancy is job-protected. In fact, it turns out it is up to 4 months, if you are actually disabled for that long (and this could be both before and after delivery) and your doc certifies that.<br /> This is a useful discussion:<br /> <a href="http://www.thearmstronglawfirm.com/Articles/Women-s-Rights-Under-California-s-Pregnancy-Disability-Leave-Law.shtml" rel="nofollow">http://www.thearmstronglawfirm.com/Articles/Women-s-Rights-Under-California-s-Pregnancy-Disability-Leave-Law.shtml</a> </p> https://boards.hellobee.com/topic/i-dont-qualify-for-fmla-or-cfra#post-2106240 Thu, 12 Mar 2015 15:14:50 +0000 birdofafeather 2106240@https://boards.hellobee.com/ <p>@Warbler: Check Ca state laws. I was under 50 employees but still got 12 weeks off after and 3 weeks before. Unpaid by my company except through CA disability and family leave pay. </p> https://boards.hellobee.com/topic/i-dont-qualify-for-fmla-or-cfra#post-2106222 Thu, 12 Mar 2015 15:06:25 +0000 Warbler 2106222@https://boards.hellobee.com/ <p>@josina: Wow! How shady! </p> https://boards.hellobee.com/topic/i-dont-qualify-for-fmla-or-cfra#post-2106220 Thu, 12 Mar 2015 15:05:21 +0000 Warbler 2106220@https://boards.hellobee.com/ <p>@stratosphere: Oh, really? I didn't know PDL was job-protected leave. That was nice of your employer to give you 12 weeks off. How sad is it though, we consider 12 weeks unpaid to be generous :sad: </p> https://boards.hellobee.com/topic/i-dont-qualify-for-fmla-or-cfra#post-2106210 Thu, 12 Mar 2015 15:01:49 +0000 Warbler 2106210@https://boards.hellobee.com/ <p>@jedeve: Yes, that or force me out like they did my old manager. Also, I was hopeful that I could take more than the standard 12 weeks. If I did qualify, I believe I could take 18 - 20 weeks. </p> https://boards.hellobee.com/topic/i-dont-qualify-for-fmla-or-cfra#post-2106202 Thu, 12 Mar 2015 14:58:24 +0000 josina 2106202@https://boards.hellobee.com/ <p>My company doesn't qualify for FMLA either... don't know the laws but we are given 6 weeks unpaid...<br /> I had actually asked what our maternity policy after getting married, and my boss said '6 weeks paid as long as you check in on work'... Fast forward to 2 months prior to me taking maternity leave and he denied saying that!! I was able to get it paid since it was so short notice (I would've gotten short term disability had I known) but going forward we will not get paid...<br /> Whatever it ends up being for you, make sure it is in writing!! Especially if any part of it will be paid. </p> https://boards.hellobee.com/topic/i-dont-qualify-for-fmla-or-cfra#post-2106200 Thu, 12 Mar 2015 14:57:47 +0000 Warbler 2106200@https://boards.hellobee.com/ <p>@Mrs.Pinecone316: From what I have read, the requirements for CFRA are identical to those for FMLA :sad: </p> https://boards.hellobee.com/topic/i-dont-qualify-for-fmla-or-cfra#post-2106197 Thu, 12 Mar 2015 14:56:56 +0000 Warbler 2106197@https://boards.hellobee.com/ <p>@BabyBoecksMom: I actually feel like the lawsuit would work against me. Every since it started, they've been very careful about their WFH policy. My new manager wouldn't let me WFH when I have a doctor's appointment, but when I told her I was expecting a furniture delivery, she said it was fine! I think that if they give me leave that they're not legally obligated to give me, it will bite them in the ass that they wouldn't work with my old manager. </p> https://boards.hellobee.com/topic/i-dont-qualify-for-fmla-or-cfra#post-2106196 Thu, 12 Mar 2015 14:56:43 +0000 stratosphere 2106196@https://boards.hellobee.com/ <p>I believe they have to allow you the 6 (or 8 if C-section) weeks post-partum of Pregnancy Disability Leave, plus up to 4 weeks before your due date, if your doctor will certify you are disabled. And in CA you get state disability payments during that Pregnancy Disability period no matter how long you've been employed--so it's not full wage replacement but it definitely helps. </p> <p>I had just started a new job (was there 2 months) when I had my baby almost a month early, and I was ineligible for FMLA or CFRA, but I took 12 weeks off after discussing it with my boss. They didn't have to protect my job for the last 4 weeks of the leave, but they wanted to keep me and knew I was pregnant (of course) when I took the job, so they agreed to it. They didn't pay me anything while I was on maternity leave, but they held my job for me.</p> <p>The laws and their interplay in this realm could not be more confusing if they tried, though! </p> https://boards.hellobee.com/topic/i-dont-qualify-for-fmla-or-cfra#post-2106185 Thu, 12 Mar 2015 14:52:41 +0000 Warbler 2106185@https://boards.hellobee.com/ <p>@Mae: Oh, no! I'm so sorry :sad: I was planning on telling them at 12 weeks, but yeah I might have to spill the beans sooner... </p> https://boards.hellobee.com/topic/i-dont-qualify-for-fmla-or-cfra#post-2106176 Thu, 12 Mar 2015 14:46:43 +0000 jedeve 2106176@https://boards.hellobee.com/ <p>Are you worried they will fire you if you take leave?</p> <p>In my state I didn't qualify for FMLA but my job was required to grant "a reasonable amount of time" (which had been interpreted as 6 weeks" after birth. (Unpaid of course). So there might be some legal protections outside of FMLA? </p> https://boards.hellobee.com/topic/i-dont-qualify-for-fmla-or-cfra#post-2106166 Thu, 12 Mar 2015 14:41:24 +0000 Mrs.Pinecone316 2106166@https://boards.hellobee.com/ <p>I know this to be true for FMLA but didn't know you had to have a certain amount of employees for CFRA too... Is there anyone that does HR at your work that can go over things with you? </p> https://boards.hellobee.com/topic/i-dont-qualify-for-fmla-or-cfra#post-2106157 Thu, 12 Mar 2015 14:37:07 +0000 BabyBoecksMom 2106157@https://boards.hellobee.com/ <p>I don't have any experience but I hope that, because of the lawsuit, they'll think twice about not giving you leave. </p> https://boards.hellobee.com/topic/i-dont-qualify-for-fmla-or-cfra#post-2106066 Thu, 12 Mar 2015 14:05:03 +0000 Mae 2106066@https://boards.hellobee.com/ <p>My company was too small for FMLA but my boss said he'd give me paid maternity leave anyways (woot). But then he randomly decided to sort of close up shop unexpectedly and I was left unexpectedly unemployed at 41 week pregnant. The timing sort of blew.... but those things happen. </p> <p>If I were you I would probably inform your company and find out what they are going to do for you ASAP so that if you are going to lose your job you have time to start trying to find another one. </p> https://boards.hellobee.com/topic/i-dont-qualify-for-fmla-or-cfra#post-2106060 Thu, 12 Mar 2015 14:01:50 +0000 Warbler 2106060@https://boards.hellobee.com/ <p>My company has had a lot of ups and downs. We've been through a bankruptcy and two rebrands. Technically, I have been employed with the company for 6 years, but due to their issues, it's like I've worked for three different companies over that time period. Regardless, I have worked for this latest rebrand for three years. (Sorry if that is confusing!)</p> <p>However, we are technically a start-up now and have less than 50 employees. I think we have 43 on record. According to the laws, to be eligible for FMLA or CRFA (I'm in California), you must work for a company with 50+ employees. So my company is not required to give me any job-protected leave. And I can't find anything in our handbook about the company's policy, other than the stuff I already know about. I know that some companies choose to provide leave anyway and I'm hoping that mine will because I have been loyal to them for six years. But, my old manager was forced out when her illness required her to work from home two days a week and the company refused to accommodate her. They're in the middle of a lawsuit with her right now, so I have a feeling they won't give me the leave. I am freaking out about my options right now.</p> <p>I didn't know about the 50 employee rule before. Does anyone have any experience with this requirement? </p>