Can you take CA family bonding time p/t?
Hello -
I'm expecting and working on parental leave arrangements, and after talking to a friend in Washington state, was really excited about the idea of coming back to work part time at a certain point but have been getting mixed messages about what is/isn't allowed under CA law. I'd love some info or resources if anyone has pursued this question further and gotten clarity in any direction? According to my HR, I have to take family bonding leave in 2 week increments (ie all on or all off), but a friend just said she planning to have Fridays off until she runs out her remaining leave. I am aware that I could try and negotiate something directly with my employer (i.e. unpaid time) but curious if anyone has a clearer understanding of what is possible in terms of state paid family bonding leave.
(Also wondering about if one has a second job and whether the time one is on leave from each job must align...).
I'd welcome any guidance or answers, and would also be happy to have referrals if someone has had luck doing a paid consult with someone who is a professional in this area.
Thanks!
Parent Replies
From the state perspective, yes, you can take the time off part-time, and you can also braid it with other paid leave from your employer (e.g., use one day of PFL and one day of vacation each week). I did exactly what your friend did and used PFL a day a week for the better part of a year to be able to work 80% during each of my children's first years. (There's a specific section of the PFL application where it asks if you will be working during your leave.) However, it sounds like the constraint here may be what your employer is allowing. This gets tricky because PFL does not include job protection unless you take it concurrently with FMLA, and FMLA only allows intermittent leave with your employer's approval. So basically—both the state and the feds allow you to take one day a week, but your employer may not, and ultimately it is their call. If in fact your employer's only concern here is that they don't think it is allowed, you can hopefully show them the portions of the PFL and FMLA sites that confirm that intermittent leave is permitted. Good luck (and congratulations!)
I recommend you contact Legal Aid at Work for clarity on this. https://legalaidatwork.org/our-programs/work-and-family-program/
Another good resource: https://www.abetterbalance.org/states/california/
The wording of the California Family Rights Act (California's version of the FMLA job protected leave laws) can be found here: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=12945.2
and, for what it's worth, includes "Leave provided for pursuant to this section may be taken in one or more periods."