Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is not meant to be legal advice.

On October 20, 2007, Keith Chrestionson and Alex Hernaez of Kauff McClain & McGuire LLP gave a presentation in San Francisco, CA on leave laws to human resource professionals.

Pregnancy disability leave does not end with the birth of a child.  If a mother had surgery while giving birth, for instance, the leave may extend after birth. 

In California, pregnancy leave can be a maximum of 4 months plus 12 work weeks.  For those who get mixed up on the terminology for payments and leave benefits, paid family leave is not a leave.  It is a way of getting income while on leave.  There is no leave for month eight.  The employee needs to return to work by the eighth month.

The 12 work weeks are for baby bonding.  The employee is not able to use the 12 weeks after 1 year.  After going back to work, the person has to take 2 weeks at a time, but on 2 occasions, during the 12 weeks, the person is able to take less than 2 weeks.  For example, the person may only take Fridays off.  The employer does not need to require 2 weeks.  The employer is able to give more than what is required under the law.

If a person is out on pregnancy, the employer cannot require the person to use vacation concurrent with leaves.

One difference between federal and California for baby bonding is that under FMLA, husband and wife is required.  Under California law, CFRA applies to parents.