Question: Our employee has been out on PDL eight (8) weeks and plans on taking an additional six weeks off after her pregnancy disability ends to bond with her baby.  We have 15 employees and she does not qualify for FMLA or CFRA. Do I need to do anything?

Answer: If the employee is not eligible for FMLA/CFRA or the New Parental Baby Bonding Leave, the extended time off would not be protected under federal or state law. The employer should first request a release or a return-to-work doctor’s certificate, if this is consistent with your practices for other non-pregnancy related leaves of absence. 

The employer is not required to grant the additional time off. However, if the time off is granted, the employer should provide an EDD Paid Family Leave Insurance pamphlet which describes the wage replacement benefits available during time off to baby with the new baby.

Keep in mind if the employer in the scenario above had 20 or more employees, the employee may be eligible for job protected time off to bond with her baby under New Parental Baby Bonding Leave.

Call your HR Consultant if you have questions.