Integrated Medical Leave and Accommodation Management System™

Blog post 11.9 – Membership


Since Gabriella exhausted all of her available FMLA leave during her first pregnancy, she is no longer eligible for additional FMLA leave since it offers 12 weeks of leave in one calendar year.

Gabriella will now be eligible for another 17 1/3 weeks of PDL. However, she expects to require leave throughout the length of her pregnancy and wants to be able to use CFRA baby bonding once she has the baby. Do you know what leave she is eligible for next?

Since Gabriella has indicated that she needs extended leave throughout her pregnancy, HR should engage in the interactive process and conduct an undue hardship analysis to verify if additional leave throughout the pregnancy will cause an undue hardship for the organization.  HR would then designation Gabriella under the new Pregnancy Workers Fairness Act (PWFA). This new regulation states that pregnant employees must be accommodated without losing their jobs unless there is an undue hardship involved. It’s important to note that while Gabriella is protected under PWFA as an accommodation, her medical benefits would not be protected during that time.

Once the baby is born, HR will then place Gabriella on CFRA baby bonding leave for the remaining time she did not use during her first pregnancy, and she will have her health benefits reinstated at this time.

Have complicated scenarios like this that you need help working through? Sign up for one of our bi-weekly meetings for only $75 to get your questions answered in real time by someone who is an expert witness in this industry. https://www.leavemanagementsolutions.com/group-monthly-meetings-landing-page/

Need help managing medical leaves and accommodations in your workplace? Learn how to implement all of these regulations, including Workers’ Compensation, by becoming a member today! Let us teach you how to be your own expert! https://www.leavemanagementsolutions.com/1-year-lms-membership-mentorship/

You’ll gain access to the most comprehensive and affordable library of pre-written federal and California state-specific medical leave and ADA/FMLA resources, including compliance forms, letters, checklists, flow charts, and on-demand training by becoming an LMS member.