Certified Leave Management Specialist (CLMS) Certification Practice Test

An employee in California worked 20 hours a week for 11 months and needs 8 weeks of leave for pregnancy complications. What is the outcome?

1. Approved under both FMLA and PDL

2. All 8 weeks will be denied under FMLA and approved under PDL

3. 8 weeks denied under both FMLA and California PDL

4. Partially denied and partially approved

The correct answer is: All 8 weeks will be denied under FMLA and approved under PDL

The correct outcome in this situation is that all 8 weeks of leave will be denied under the Family and Medical Leave Act (FMLA) but approved under California's Pregnancy Disability Leave (PDL). This conclusion is based on the eligibility requirements set forth by each law. For FMLA, an employee must work at least 1,250 hours in the 12 months preceding the leave request to qualify for the 12 weeks of unpaid leave. Since the employee in this scenario has only worked 20 hours a week for 11 months, they would not meet the minimum hour requirement needed to be eligible for FMLA leave. Therefore, the FMLA leave is denied. On the other hand, California's PDL allows for up to 17 weeks of leave for pregnancy-related disabilities, and it applies to all employees who are disabled due to pregnancy, regardless of the number of hours worked. In this case, the employee qualifies for PDL and can take the necessary 8 weeks of leave for pregnancy complications. Thus, while FMLA leave isn't available due to the insufficient number of hours worked, PDL provides the necessary coverage for the employee’s needs during this time.