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  1. #1
    Join Date
    Mar 2010
    Location
    Los Angeles, CA
    Posts
    33

    Default Can a Promotion Be Denied if the Start Date is During Paid Family Leave

    My question involves labor and employment law for the state of: CA

    I have been approved for Paid Family Leave for 6 weeks of baby bonding time. Just recently I had an interview with another department for a promotion. The start date for the promotion falls into my PFL, can they deny my promotion because I will be on PFL? This was an issue that the interviewer brought up and he doesn't know if he wants to give me the position because I will be gone for 6 weeks.

    I am a very strong candidate for the position, its just my PFL that they are having second thoughts.

  2. #2
    Join Date
    Mar 2007
    Posts
    9,080

    Default Re: Can a Promotion Be Denied if the Start Date is During Paid Family Leave

    The law says they have to protect your job. It does not say they have to promote you.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,241

    Default Re: Can a Promotion Be Denied if the Start Date is During Paid Family Leave

    Quote Quoting cyjeff
    View Post
    The law says they have to protect your job.
    Actually, the Paid Family Leave program does not protect anyone's job. It simply provides partial wage replacement when an employee cannot work due to the need to care for a child, parent, spouse, or registered domestic partner, or to bond with a new child. An employee may have his or her job protected under other laws, such as the FMLA or the CFRA if applicable.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

  4. #4
    Join Date
    Mar 2007
    Posts
    9,080

    Default Re: Can a Promotion Be Denied if the Start Date is During Paid Family Leave

    Quote Quoting Betty3
    View Post
    Actually, the Paid Family Leave program does not protect anyone's job. It simply provides partial wage replacement when an employee cannot work due to the need to care for a child, parent, spouse, or registered domestic partner, or to bond with a new child. An employee may have his or her job protected under other laws, such as the FMLA or the CFRA if applicable.
    You are, of course, true... but the OP stated that they were baby bonding which would be a qualified FMLA event...

  5. #5
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,241

    Default Re: Can a Promotion Be Denied if the Start Date is During Paid Family Leave

    Quote Quoting cyjeff
    View Post
    You are, of course, true... but the OP stated that they were baby bonding which would be a qualified FMLA event...
    The OP would only get FMLA or CFRA "if" the requirements are meet for those job protected leaves. They
    may be - we can't tell from the post.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

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