How does Workers’ Compensation leave affect the employees FMLA/PDL (Pregnancy leave), FMLA/CFRA, CFRA Baby Bonding, and ADA/FEHA if FMLA/PDL is exhausted?

Question:

Danielle has an employee who is out on Workers’ Compensation leave for a month. When the employee was set to return to work after their Workers’ Comp leave the employee notified the company that she was pregnant.

How does the Workers’ Compensation leave affect the employees FMLA/PDL (Pregnancy leave), FMLA/CFRA, CFRA Baby Bonding, and ADA/FEHA if FMLA/PDL is exhausted?

Answer:

If Danielle’s company is in California, and if her employee is eligible, there are potential impacts on FMLA/PDL, FMLA/CFRA Baby Bonding and Workers’ Compensation, some which can run concurrently with the exception of PDL and CFRA baby bonding. The employee has the ability to use 4  months (17 ⅓ weeks) of PDL, which would run concurrently to FMLA if her Workers’ Compensation is over. However, if the employee needs additional Workers’ Compensation leave instead of leave due to a pregnancy related disability, FMLA/CFRA will run concurrently with the Workers’ Compensation leave in California. Additionally, if the leave is related to her pregnancy, PDL/FMLA would be designated.  Once PDL (and FMLA, after 12 weeks) is exhausted, if the employee continues to need leave due to a pregnancy related disability, she may be eligible for additional leave under ADA/FEHA, and would still have 3 months of CFRA baby bonding once the baby was born. Don’t forget to engage in the interactive process to confirm if the Workers’ Compensation leave rises to the level of a disability. And oh yea, remember, when FMLA/PDL and/or FMLA/CFRA ends ADA/FEHA begins, all the time every time for the employees own serious health condition (Workers’ Compensation injury or not), if it is not an undue hardship and the employee is a qualified individual with a disability. Are you still following…

Pregnancy Disability and Baby Bonding, with Workers’ Compensation and potentially ADA/FEHA protection can be the most complex scenarios you may have to deal with as a leave and accommodation management rockstar! Adding COVID-19 to the mix and the new CFRA California regulations to take care of a sick family member, which could exhaust the New CFRA prior to the full 12 weeks of baby bonding being utilized immediately after the baby was born, requiring the employee to delay Baby Bonding until the New CFRA rolling year is available, which can be used up to the 1 yr anniversary of the birth of the baby – Is your head exploding yet?

BREATHE! 

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Feeling confused and not sure where to start when faced with these complex integrated family medical/pregnancy disability/CFRA Baby Bonding leave and ADA/FEHA accommodation management situations? You’re not alone! Learn how to effectively and professionally implement and manage the Integration of Workers’ Comp, PDL/FMLA, FMLA/CFRA, New CFRA only (w/without Baby Bonding), ADA/FEHA, and then add in EEOC Harassment/Discrimination/Retaliation complaints and related Performance Management challenges so you, your employer, and your employees feel more confident and secure. 

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