I have exhausted all of my statutorily protected leave under FMLA/CFRA and was on extended disability post-delivery. My firm has indicated they will not honor my request to take PFL (8 weeks of baby bonding time) due to undue hardship, but I want this time to bond with my baby after I’ve recovered. Can I still receive PFL if I resign for baby bonding?

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Posting as :
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I’d check to make sure you’ve really exhausted all your protected leave. My understanding is up to four months disability (job protected under PDL) plus 12 weeks baby bonding after disability is over (job protected under CFRA), but I think a lot of employers get it wrong.

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https://legalaidatwork.org/wp-content/uploads/2021/01/Pregnancy-My-Job-in-California-English-1-1.pdf

If you resign, yourenot eligible for any top up from your employer.

If you've exhausted FMLA, that's quite a bit of leave.

It might be time to get back to work or retain an atty to understand your leave options.

smart

What state are you in? Were you paid during your fmla leave?

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