Can I take CFRA baby bonding leave after medical disability ends, or did I miss my eligibility window?
I've been dealing with some complicated leave timing and hoping someone can clarify CA baby bonding rights. I started medical leave for pregnancy complications on 3/2/25, gave birth on 4/15/25, and have been on disability since due to severe postpartum health issues. My doctor is clearing me to return on 2/10/26 (almost 10 months later). My question is: Can I still take my 12 weeks of CFRA baby bonding AFTER my medical disability ends, even though my baby will be 10 months old? My employer's HR is claiming I'm not eligible because I haven't worked 1,250 hours in the past year before this NEW leave would start. But I thought the 1,250 hour requirement was based on when my ORIGINAL pregnancy leave began (which I definitely met - I've been with the company 7 years). Is the hour requirement calculated at the start of the entire leave period or separately for baby bonding? The CFRA bond time must be completed within 1 year of birth, so I'd finish just before my baby turns 1. Getting different answers from everyone and desperately need clarity!
18 comments


Nia Thompson
You're right to ask this question - the timing is tricky. Under CFRA, the 1,250 hours worked requirement is calculated as of the date your FIRST leave began. Since you were eligible when your pregnancy disability leave started in March 2025, you should still qualify for CFRA baby bonding even though it's starting later. The law specifies the 12-month lookback period is determined from the date your first leave began - not separately for each type of leave when they're connected. Your employer is incorrectly treating your baby bonding as a completely new leave request rather than a continuation of your protected leave rights that began with your disability. You have until your child's first birthday to use your CFRA bonding time, so you're still within that window too.
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Luca Esposito
•Thank you so much for explaining this! Where exactly in the CFRA regulations does it specifically state that the hours are calculated from the first leave? I want to have this information ready when I talk to HR again. They're being really difficult about it.
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Mateo Rodriguez
omg i had almost this exact situation last yr!!! my company tried to pull the same thing when i wanted to take baby bonding after being on disability for like 6 months. they were 100% wrong and i got my full 12 weeks. the 1250hrs is based on when u first went out not when u start the bonding portion. dont let them bully u!!
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Luca Esposito
•That's so good to hear! Did you have to fight with your HR department? Mine keeps sending me these policy documents that don't actually address this specific situation.
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Mateo Rodriguez
•yep they tried to deny me at first!!! i printed out the cfra info from the civil rights dept website and had to get really pushy. eventually they consulted with their legal team who told them i was right 😤
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GalaxyGuardian
The previous responses are correct. Looking at California's DFEH (now CRD) guidance on this issue: when you have pregnancy disability leave that flows into baby bonding leave, the eligibility requirements (including the 1,250 hours) are determined at the start of the first leave. Your employer is incorrectly applying FMLA/CFRA standards by treating the baby bonding as a completely separate leave event requiring new eligibility calculations. Important: While you have until your child's first birthday to COMPLETE the bonding leave, you need to request it with reasonable notice. Make your formal request in writing ASAP, specifically citing that you're requesting CFRA baby bonding leave to begin immediately after your pregnancy disability leave ends. Reference that your eligibility was established at the beginning of your leave sequence and that under California law, this continues through your bonding period.
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Aisha Abdullah
•Wait I'm confused. So if someone is on disability for 10 months straight, they can still take the FULL 12 weeks of baby bonding even if that goes past the baby's first birthday? Cuz my hr also said everything has to be done by the 1 year mark no exceptions.
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Ethan Wilson
Tried calling EDD directly about a similar issue for WEEKS with no luck - always disconnected or 2+ hour waits. Finally used a service called Claimyr that got me connected to an EDD agent in under 20 minutes. They have a video showing how it works: https://youtu.be/DOLxZQb92wM?si=6N1iCQ3a8Cdb2Ay5. The agent confirmed exactly what others here are saying - eligibility for connected leaves is determined at the start of the first leave. Worth the call to get it straight from EDD if your HR is giving you trouble. Their website is claimyr.com
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Luca Esposito
•Thank you for the tip! I've been trying to call EDD for clarification but keep hitting dead ends. I'll check out that service. At this point I need something in writing I can show my HR department.
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Yuki Tanaka
YOUR HR DEPARTMENT IS WRONG AND THEY KNOW IT!!! Companies do this ALL THE TIME hoping employees don't know their rights. I work in HR (not in CA anymore but I used to) and I can tell you 100% your eligibility is based on when you FIRST went out. They're trying to save money by denying your legal right to bonding time. File a complaint with the Civil Rights Department if they keep giving you the runaround. They'll change their tune real quick when a state investigator contacts them!!
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Luca Esposito
•Thank you for being so direct! It's good to hear from someone in HR that confirms what everyone is saying. Do you think I should mention the possibility of filing a complaint when I talk to them next, or is that too aggressive to start with?
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Yuki Tanaka
•Start by providing the legal info and requesting a meeting with whoever handles leave compliance. Document EVERYTHING. If they still deny you, then explicitly state you'll be filing a complaint with the CRD for violation of CFRA rights. That usually works because no company wants that investigation!
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Carmen Diaz
btw has anyone actaully checked ur policy handbook? some companies have policies that are MORE generous than the law requires. my company has this thing where if u've been there 5+ years u automatically qualify for all leave benefits regardless of hours worked in past year. worth checking since u mentioned being there 7 yrs!
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Luca Esposito
•That's a good point! I haven't checked the full handbook in a while, just the leave policy they sent me. I'll definitely review the whole thing tonight. Thanks for the suggestion.
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Nia Thompson
To provide you with the specific regulation: California Code of Regulations, Title 2, Section 11087(e)(1) addresses the calculation of the 12-month period for CFRA eligibility: "The 12-month period during which an employee may take CFRA leave shall be calculated by the employer as...the 12-month period measured forward from the date an employee's first CFRA leave begins." This language confirms that when multiple leaves are connected (like disability leading to baby bonding), the eligibility determination point is fixed at the beginning of the first leave. Print this regulation and bring it to your HR department. Also note that California's Civil Rights Department has a helpline (800-884-1684) where you can get free guidance on your specific situation that you can reference when speaking with your employer.
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Luca Esposito
•This is EXACTLY what I needed! Thank you so much for finding the specific regulation. I'm going to call that helpline tomorrow and bring all this information to my HR meeting on Friday. I feel so much more confident now knowing I'm right about this.
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Aisha Abdullah
I had my baby last year and its so confusing the way everything works in California!!! I thought PFL and CFRA were the same thing but they're totally different right? And then theres SDI too? Why do they make this all so complicated for new parents????
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GalaxyGuardian
•You're right that it's confusing! Quick clarification: SDI (State Disability Insurance) provides wage replacement during pregnancy disability. PFL (Paid Family Leave) provides wage replacement during baby bonding. CFRA (California Family Rights Act) provides job protection during baby bonding. So you need CFRA for job protection, and PFL for payment during that time. They work together but are administered by different agencies.
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