I started a job three months ago and have not met the criteria for FMLA job protection. However I still plan on taking my baby bonding leave protected or not as it’s not exactly a dream job anyway. My main concerns are: 1. Do they have any right to deny my request? 2. If approved and am fired mid-leave, will I lose my benefits?
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Isabella Silva
Hey Joshua! Great questions - I went through something similar last year. Here's what I learned: 1. Your employer cannot deny your PFL benefits request since those go directly through EDD, not your employer. However, since you don't have FMLA protection yet, they're not required to hold your job or provide unpaid leave time. 2. If you're fired mid-leave, you should still receive your PFL benefits as long as you were eligible when you applied and continue to meet the ongoing requirements. The benefits are tied to your previous work history and contributions to SDI, not your current employment status. Just be prepared that without FMLA protection, there's no guarantee your job will be there when you're ready to return. You might want to have a frank conversation with your employer first - some are more flexible than legally required, especially in today's job market. Good luck with everything and congrats on the new baby! 🍼
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Joshua Villaruel
•hi @Isabella Silva thank you for the info. From my understanding PFL is a “wage loss” program and from a previous discussion with a representative I wouldn’t be able to receive benefits if I were to quit as they only replace hours that I’ve lost from work. Would this be the same case if they were to fire me mid-leave? Hope that makes sense.
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Kendrick Webb
•That's a really important distinction @Joshua Villaruel! You're absolutely right to clarify this. From what I understand, if you're fired while on approved PFL, it could potentially affect your benefits since PFL is indeed designed to replace wages you're losing due to taking leave from work. If there's no job to return to, the logic is that you're not actually losing wages from leave anymore - you're unemployed for a different reason. However, this can get complicated depending on the timing and circumstances of the termination. I'd strongly recommend calling EDD directly to discuss this specific scenario before making any decisions. They can give you the most accurate information about how termination during PFL would affect your specific case. @Isabella Silva might have more insight on this too since she mentioned going through something similar!
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