An Administrator's Guide to California Private School Law

Chapter 8 – Leaves And Absences

For example, if an employee became disabled by her pregnancy six weeks before giving birth, the FMLA and PDL might run concurrently (so long as the school met its FMLA notice requirements and opted to run both at the same time). As a result of giving birth, the employee might be disabled for an additional six weeks (six weeks is the standard disability for a non- caesarean birth without complications). During that time, the FMLA and PDL would continue to run. Only after the employee was no longer disabled would CFRA leave begin. By that time, however, the employee would have used up her 12 weeks of FMLA leave and PDL would no longer be applicable. Nevertheless, because an employee’s entitlement to maintenance of health benefits while on PDL is separate and distinct from her entitlement to health benefits while on CFRA, the employee is entitled to health benefits while on CFRA leave even though she has already exhausted her FMLA leave. LCW Practice Advisor The CFRA statute, specifically Government Code

section 12945.2, arguably only requires an employer to maintain health benefits for 12 weeks, including the FMLA leave time. The PDL regulations, however, clearly specify that an employer must maintain and pay for coverage for an eligible female employee during her PDL and her subsequent CFRA leave. 1189 Our recommendation is that schools follow the regulations and provide the health benefits during the CFRA leave until the Legislature or courts provide clarification.

The following graph illustrates an example of the overlapping leaves. Pre-birth Disability Post-birth Disability

“Bonding”

FMLA and/or PDL FMLA and/or PDL

FMLA and/or PDL FMLA and/or PDL

Health Care

CFRA

Job Protected

CFRA

6 Weeks

6 Weeks

12 Weeks

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 277