UPDATE 2021: This post has been updated to reflect the expansion of the California Family Rights Act (CFRA). Effective January 1, 2021, SB 1383 expanded CFRA to apply to private employers with five or more employees (regardless of the number of employees within a 75-mile radius). To be eligible for CFRA, an employee must also 1) have completed at least 12 months of employment with the company, and 2) have worked at least 1,250 hours of service within the past year. Furthermore, SB 1383 repealed California’s New Parent Leave Act (NPLA) effective December 31, 2020.
UPDATE 2020: This post has been updated to reflect the increased benefit period of Paid Family Leave (PFL).
UPDATE 2018: This post has been edited to reflect the addition of the
New Parent Leave Act (NPLA), as well as increased benefit amounts for SDI and PFL. Read this to get the full scoop!
There are seven wonders of the world. Wrong! There are eight; the final one being the mysterious maternity leave. When I found out I was pregnant one of the things that made me jump for joy (next to loving the alien bump growing inside me, obvi) was the prospect of setting off into maternity leave bliss. I felt like I had paid my dues working in stressful PR jobs throughout my career, so I knew I wasn’t going to be shy about really maximizing my maternity leave benefits.
But this was all much easier said than done since figuring out how to milk the system was incredibly hard to find. Pinpointing concrete information on maternity leave was like setting out on a mission to discover El Dorado. No joke guys, I was seriously OBSESSED with figuring out all the details of maternity leave. Also, I was convinced that my employer was short-changing me several weeks of precious leave, so off to scouring the internet I went.
First, as a disclaimer, I am not an attorney, and I do not provide legal advice. I now hold a credential as a Certified Leave Management Specialist, and received the SHRM California Law HR Specialty Credential.
IMPORTANT: The following applies to employees who are eligible for Pregnancy Disability Leave (PDL) AND California Family Rights Act (CFRA). Eligibility requirements for PDL and CFRA are discussed in the post.
Let’s get right to it. The bottom line is that for any healthy preggers (i.e. no need for extended bed rest during pregnancy or reasons to be out of work due to complications after birth), at minimum, you can get 22 or 24 weeks of maternity leave (22 weeks for vaginal delivery and 24 weeks for c-section). Now, not all of that time is paid (I’ll get to that later), but what this means is that you get 22 or 24 weeks of job protection.
There are many ways to explain maternity leave, but I think it’s easiest to explain it in chronological order. Here’s a chart I drew up (don’t mind the chicken scratch writing) and I’ll explain each step. I should mention that this chart is based on me having had a c-section on May 12.
For a timeline for a typical, uncomplicated pregnancy and vaginal birth, check out this baby (pun intended).
1) Starting your disability
First, decide when you want to start your maternity leave. Some take a week or two off before baby is expected to arrive, while others work literally right until the moment they are saddled up in the stirrups. (I once had a boss who actually sent me an email while in labor.) Whatever you decide, know that you can start your maternity leave 4 weeks before your estimated due date! Whaaat? No way!? Yep, this is true!
Pregnancy Disability Leave (PDL) starts the first day of your maternity leave, and provides up to 17.3 weeks of job protected leave for the purpose of pregnancy, childbirth, and other related conditions. Before y’all get excited over the 17.3 weeks, note that you don’t automatically get all 17.3 weeks of leave. The actual duration of your PDL must be certified by your doctor, but the “default” duration of PDL for a healthy, uncomplicated pregnancy/childbirth is 4 weeks before birth and 6 weeks after for a vaginal delivery or 8 weeks after for a c-section (I’ll provide more detail on the post-birth portion later, as well as information on what happens if you have complications).
The only eligibility requirement for PDL is that you work for an employer with 5+ employees. There is no additional eligibility requirement, such as minimum hours worked or length of service.
PRO TIP: The 4 weeks before delivery is a “use it or lose it” situation. You don’t get to tack it on later, so if your individual situation allows for it USE IT. Some of my colleagues balked at me taking 4 weeks off before my due date saying I’ll get bored. Psshhh. Only boring people get bored, but on the real tip, the extra rest is amazeballs and I (assume this is the norm for all preggos) got HUGE in the last 2 weeks. Also, taking off 4 weeks before your due date will NOT affect your “go back to work” date, since that date is calculated from your delivery date – not when you started maternity leave. I had a lot of people tell me that they would rather spend the extra 4 weeks with their newborn rather than take off early for maternity leave — not the case, mah friends!
It’s important to note that the 4 weeks before due date is just the “default” start time that a doctor could certify disability for pregnancy. Should you have any complications during your pregnancy (i.e. high-risk issues, preeclampsia, bed rest, etc), your doctor can write you out earlier than 36 weeks or at any point during your pregnancy your doctor feels medically necessary. Any time taken before birth simply gets deducted from your 17.3 weeks of PDL “bank.”
So, what happens if you have a high-risk pregnancy and your doctor certifies you “disabled” super early, like at 28 weeks? Let’s say you give birth at 40 weeks via c-section, that would mean that upon birth you would only have 5.3 weeks of PDL remaining (17.3 – 12), but you still need 8 weeks of PDL for post birth recovery. In this scenario – where you exhaust all of your PDL but still experiencing a disability – you may be eligible for additional leave under CFRA (if eligible) or through “reasonable accommodation” under ADA/FEHA, which can provide additional time off.
As you patiently wait the arrival of your precious offspring, your job will be protected under the PDL and you will be paid 60% or 70% of your weekly wages through State Disability Insurance (SDI). [Check out this post for the 411 on how to calculate your SDI benefit amount.]
Wage replacement through SDI begins on the first day of your PDL; however, there’s a mandatory unpaid 7-day (calendar days) waiting period that you must serve before receiving your SDI benefits. You will not be paid during the waiting period, but you can use whatever form of paid leave (sick, PTO, vacation) to pay yourself before SDI kicks in. The first payable day is the 8th day of your claim. And, SDI will continue through the entire duration that you are “disabled” by pregnancy and childbirth.
As a side note, you’ll often see references of PDL and FMLA combined, which can make things super confusing. The reason why they often come as a pair is because they run concurrently – they both start the minute you begin your maternity leave. However, in the context of maternity leave in California – don’t even worry about FMLA. FMLA simply runs in the background of PDL since PDL (state law) supersedes FMLA (federal law). Plus, PDL is much more generous than FMLA, giving you up to 17.3 weeks of leave versus 12 weeks under FMLA. Further, the eligibility requirements for PDL are more lenient than FMLA. The only eligibility criteria for PDL is that you work for an employer with 5+ employees. With FMLA, you must work for an employer with over 50+ employees in a 75 mile radius, you must have worked at your employer for at least a year, and you must have clocked in 1,250 hours of service prior to the start of your leave. So, thanks California for looking out for pregnant mommas!
2) You had your baby!
Okay, so after 4 loooong weeks your beautiful baby has finally entered the world. Hooray!
Once your baby is born, your PDL will continue for an additional 6 weeks for a vaginal birth or 8 weeks if you had a c-section; and you’ll continue to get wage replacement through SDI (still at around either 60 or 70% of your normal wages).
Your doctor will determine when you are cleared from disability. While this is typically 6 or 8 weeks after birth, should you have any complications – physical or mental (i.e. postpartum depression) – your doctor can certify an extension to your PDL, and your SDI benefits will be extended along with it.
3) Your baby is now 6 or 8 weeks: Now it’s time to bond
Once you’ve completed your 10 or 12 weeks of PDL (4 weeks before birth + 6/8 weeks after birth) – or more importantly, when your doctor has certified you no longer disabled by your pregnancy or childbirth – the clock gets reset with an additional 12 weeks of unpaid, job-protected leave under the California Family Rights Act (CFRA) to bond with your baby. In order to be eligible for CFRA, you must meet ALL of these requirements:
- Your employer has at least 5 employees.
- Have worked for your employer for at least 12 months.
- Have worked at least 1,250 hours of service within the past year.
During CFRA leave, you will be paid partial wage replacement through Paid Family Leave (PFL) at the same rate as your SDI, but here’s the kicker…only for 8 weeks. This means that while you have 12-weeks of job protection under CFRA, you’ll get partial pay for only 8 of those weeks. Bummer. The remaining 4 weeks are unpaid, but you can apply any unused vacation or PTO time to offset being unpaid for the remainder of your leave. Also, you don’t need to take your 8 weeks of PFL all at once. You can break it up and take it in hourly or daily increments if you want. However, do note that CFRA stipulates that your employer may require that the minimum duration of leave is 2 weeks, or unless otherwise approved by your employer.
4) Your maternity leave has ended and you’re back at work
Okay, what I’m about to say next is important! Your “return to work” (RTW) date is determined by when your CFRA ends.
Example 1: Anna starts her maternity leave at 36 weeks, has her baby vaginally on June 12, and has no complication after birth. Here’s what her timeline and return to work date would look like:
[NOTE: The charts below have not been updated with the increased 8-week benefit duration of PFL. Sorry! But you get the idea, yeah?]
Example 2: Oh no, Anna ended up getting an emergency c-section!
I won’t sugar coat it; it’s not easy going back to work after being out for 22-24 weeks. But, you make do and just like all things that suck at the beginning, once you get into the swing of things, you will find joy balancing out work and family life.
Hope this all makes sense. If you have any questions or issues, leave a comment!
P.S. BTW, turned out that my employer WAS wrong about when I was supposed to go back to work. Muahahaha! Knowledge is power, friends; knowledge is power!
If you have questions regarding California maternity leave, or would like more information on how I can provide individualized support to help maximize your maternity leave, please visit Maternity Leave 411.
If you’re NOT eligible for FMLA/CFRA, read this!
127 thoughts on “California Maternity Leave: How to milk it”
Thanks for breaking it all down. It’s so confusing looking into it all. What do you need to submit for each? I know with FMLA, my employer, doctor and I need to fill out a form. To submit a claim for PDL and PFL do you use the same website (www.edd.ca.gov)? What about CFRA?
Sorry for the delay in getting back to you! I’m so glad to hear that this post was helpful to you. It is SO confusing! Yes, for PDL and PFL you can use the online form on the EDD site. CFRA will kick in automatically when FMLA ends.
Do you apply for PFL the same time to apply for SDI? or do you apply for SDI, let that run its course and then apply for PFL. Im trying to plan it so that I maximize paid leave as well as just total leave in general.
You apply for PFL after SDI. You got it — apply for SDI, let that run its course, and then apply for PFL. About a week or so before SDI runs out, you’ll get a notification telling you to apply for PFL.
This was awesome thank you! Did anyone else have and issue with EDD and their dates? For example I had my baby APR 18 and 6 weeks after I calculated as May 30, but Edd only paid me till May 29 and put my return to work as May 30?! Shouldn’t it be May 31!
The EDD is correct. 6 weeks past April 18 is May 29. May 30 is essentially the start of your 7th week. May 29 is week 6 and 7 days. Hope that helps!
This is soooooooo helpful, THANK YOU!!!!
Thanks for the comment! So glad to hear it was helpful, K-la!
Thanks for the info and breakdown! So does the PDL run when you take the first 4 weeks off before your due date? My employer uses a third party company for leaves and they said my FMLA kicks in when I leave even when it’s before my due date and had told me that CFRA runs concurrently with FMLA. What paper work can I show them that I am actually due 22-24 weeks of job protection? They were telling me I only had 18 weeks total!! Thanks so much!!
Glad to hear the breakdown is helpful. PDL and FMLA run concurrently, so they start at the same time. So, if you go out on maternity leave 4 weeks prior to your due date that’s when both PDL and FMLA will start. FMLA and CFRA can run concurrently (or “overlap” is a better way to think about it) if you have a vaginal birth (PDL/FMLA would run from weeks 1-10). Since FMLA is for a max of 12 weeks, the last 2 weeks will overlap/run concurrent with CFRA.
Being told you only have 18 weeks is a common error, and it’s because they aren’t counting the 4 weeks prior to due date. As a reminder, taking the 4 weeks off before the baby is born is a “use it or lose it” scenario. If you don’t use it, you can’t tack it onto the end of your FMLA.
Check out the 22-week maternity leave timeline on page 15 of this pamphlet by the California Work and Family Coalition: http://workfamilyca.org/resources/pdf/ca_family_leave_guide2013.pdf. Try showing your HR team that timeline.
Keep me posted!
I really need help with this aplications . With my maternity leave stops on september 9 2015 so when is the best moment to apply for paid family leaving bounding?
Hi Stephanie, if you already have an active DI claim for maternity leave, you will automatically be notified from the EDD to transition from DI to PFL for bonding. I got a mailed notice from the EDD about 1.5 to 2 weeks before my DI was up. If you log in to your EDD online account, you should also see a note about this in your inbox. I’d give it a couple more days — maybe wait until the end of August to see if you get your notice. Also, you can enroll for PFL all online as well. Here’s a post I did all about how you can file for PFL online: https://typeamomtales.com/2015/07/09/how-do-you-file-for-maternity-leave/
Hope this helps! Let me know if you have any questions!
This post is SOOO helpful in understanding maternity leave in CA. I didn’t know about the 4 weeks off prior to birth. In fact, I have two individuals in HR “helping” me; one stating I have one week prior to birth and the other stating that they standard is two. I think part of the mix up is that they are referring to our (large) company’s private insurance that covers the STD after CA SDI. Am I right in that CA SDI will cover my wage replacement (up to 55% or whatever it is) for the four weeks prior to my due date with a normal pregnancy. So CA SDI covers 4 weeks prior and then continues for the 6 weeks recovery for normal pregnancy and vaginal birth? Meaning is there anything extra I’m supposed to get from my OB? It’s unbelievable that in my pretty easy pregnancy THIS is what is causing me to lose sleep…I wish my HR dept really laid out all my options and rights. I even took your timeline and adjusted it to my due date and gave it to them and I got the response that the “graph was complicated” (what?! isn’t this your job?).
Hi Grace, so glad to hear the post was helpful! Seems like you’re having a very similar experience with HR as I did – so frustrating!
You are correct. CA SDI covers up to 4 weeks before the expected delivery date and up to 6 weeks after the actual delivery for a vaginal birth and 8 weeks for a C-Section. Here’s the link from the EDD website stating so (see first question): http://www.edd.ca.gov/disability/FAQ_DI_Pregnancy.htm
When you say extra from your OB, do you mean some sort of sign off? Your HR department should have given you a Certification of Healthcare Provider form for your OB to fill out and sign, and then you give back to HR. This form acts as a medical certification to support your request for pregnancy leave. On this form, your OB will state what date you will become disabled (aka the start date of your maternity leave) — this is where your OB can put down the date that is 4 weeks before your expected due date. As a heads up, healthcare providers generally are very accommodating about pregnant woman starting maternity leave 4 weeks before the due date. My OB didn’t question it at all; in fact, she encouraged it even with my healthy, normal pregnancy. Also, on the form is where your OB will put down the estimated date when your disability will end. My OB simply wrote “6-8 weeks postpartum” since you never know if you’ll have to get an emergency C-section (like I did!). Once your disability/SDI ends, you’ll start your 12-weeks of CFRA bonding leave, with 6 weeks of paid PFL.
I linked back to this document in the post, but this one is super helpful and may be an “official enough” document for your HR team to read and take into consideration: http://workfamilyca.org/resources/pdf/ca_family_leave_guide2013.pdf.
Hope this helps!
Thank you for the info! My HR Is in NY, and I’m the first pregnant employee in ca in decade… Either they don’t know what they’re doing or they’re trying to rip me off.
They also hire this absence management to handle my case, but again, they seem clueless…
I’m just gonna throw these info at them now! This is super helpful:) thanks again and I hope you’re having an awesome weekend!
All amazing info! I know I’m late to this, but I have a question. My OB put an actual end date on my SDI for my twin boys. What if I give birth earlier? Does that date now change to be earlier, or no matter what, my disability ends on that Estimated End Date?
Hi Suzanne, thanks for the comment and congrats on your twin boys! Your disability end date is up to your OB. Your OB is basically certifying that you unable to work due to a disability related to childbirth, so if you give birth earlier or later – he/she could change the date to reflect the time you need to remain on disability. Make a reminder to check in with your OB, as you get closer to your due date to talk about the end date and update EDD as necessary should dates change.
This is so amazing. I’m forwarding this link to all my pregnant friends – and my office HR person who clearly is just as confused as the rest of us 🙂
Thanks so much for the comment, Taru!
FINALLY!!! A CLEAR breakdown of such confusing info!!! Not sure if you even know the answer to this, but, what if your employer provides STD? Can you use that in conjunction with or is it one or the other?
Hi Lauren, glad the post is helpful! Yes, you can utilize your employer’s STD with disability! My employer also provided STD during my maternity leave and I was able to collect both.
What about a planned early C section due to complications? For example I am expecting a delivery by C section at 37 weeks. Can I start my leave at 33 weeks? My doctor seems to think we need to use EDD which is of course 40 weeks, and I know I won’t be going that long so that makes no sense to me.
As long as your doctor certifies you “disabled” at 33 weeks, you will be able to start your leave at that time.
THank you! Thank You! this information is a life saver! I am due 07/27 and have been taken off work as of 07/01 – my question is, since my FMLA runs concurrent in a 12mth calender year (I had a miscarriage 07/31/15 so I went on FMLA for 7 days) does it re-start my 12 weeks as of 07/31?
Hi Erika, so glad to hear that the post was helpful to you! Apologies on my delay of getting back to you.
How the 12-month calendar year is measured depends on your employer. There are 4 different ways, but it’s up to your employer to decide which one to use for the company. Here’s a breakdown and examples that go into each one! https://www.dol.gov/whd/regs/compliance/whdfs28h.pdf
Hope that helps!
Hi Akiko, thank you for this informative post! I am a CA resident but work remotely for a company based in VA and am very confused! I had a few questions for you. I am planning on going on leave two weeks before my EDD. The first week will be sick time, and once my CA SDI kicks in starting Week 2, it’s my understanding that my company (using a third party provider) will pay me the remaining amount under short term disability to bring me to 100% until the birth. That’s if the third party provider determines that I have a valid medical reason to go on leave before the birth and approves my claim. Once my baby is born, my employer will pay me up to 100% for 12 weeks under STD and company paid leave. So if I have a vaginal birth, I will be paid for 55% for six weeks through CA SDI + the remainder through my company STD/maternity leave policy for a total of 100%. My question for you is, once CA SDI runs out, do you know if I have the option to have my company pay me fully at 100% for the next six weeks, and THEN switch to PFL for another six weeks and use my vacation time to bring me to 100% for those last six weeks? Or am I required to receive PFL right after SDI, in which case, my employer will probably only try to pay me 45% instead of 100% of my pay and the last six weeks will be unpaid or vacation time? Also, I just got the medical certification form to fill out for my leave. Is this form only for FMLA leave or for baby bonding too? Am I correct in putting my first day not working as the start date, pregnancy as the reason? What should I put for the duration of the condition, if I’m eligible for 12 weeks under FMLA but taking leave two weeks prior to my due date? Would the duration be the day I expect my doctor to deem me no longer disabled, or when I expect to be back from my entire leave? Thank you so much for your help!
So glad to hear that my post was helpful! I apologize it’s taken me so long to respond!
You have up to a year from baby’s birth to use PFL, so technically you wouldn’t have to start your PFL right away (or back to back with SDI). The bigger question, is if your employer will allow this. Most often, employer’s who have this type of company benefit will require that you integrate/coordinate the SDI/PFL benefits with their company benefit. I actually had the same benefit and asked my employer the same question and got a “no,” but definitely give it a try. Also, just to be certain, I’d contact EDD to double check and confirm.
Did your employer provide you the medical cert form? It’s usually your doctor that fills out that form, including dates like start date, duration, etc.
Feel free to email me directly at kiks16 at gmail.com!
If your doctor certifies you as disabled earlier, how does that effect the leave schedule? Thank you
Hi Eliza, as long as your doctor certifies you as disabled it won’t impact your leave schedule!
What happens if you are having a natural birth, let’s say I am due Sep 1….and decide to take 4 weeks before. But my baby does not come until Sep 7. How is that extra week pre-birth calculated? Since in reality I would end up taking 5 weeks instead of 4 due to the late delivery.
You’ll still be covered! If you decide to start your leave at 36 weeks and your baby is born a week late at 41 weeks, your SDI situation won’t be affected one bit since there’s a mandatory 7-day unpaid “waiting period” before SDI kicks in. You’ll basically be on leave for 5 weeks before the baby actually arrives, but since that first week is unpaid, you’ll still get SDI for the full 4 weeks. Read more about this particular situation in this post: https://typeamomtales.com/2015/09/01/what-happens-to-my-state-disability-insurance-sdi-benefits-if-my-baby-is-overdue/
Hi, thanks for breaking this down for all of us! You’re website is super helpful, but I still have one more questions. I know that it take one week for SDI to kick in. Instead of taking 4 weeks before my due date I am only taking 2 weeks. Does this mean I will only get paid for one of these weeks? Or does it just take a week to get paid and then I get paid for both of those 2 weeks before my due date? Also how often do you get paid by the state? Is it every 2 weeks? Thanks!
Hi Lizzie, thanks for your comment. Great to hear the blog has been helpful for you!
If you take 2 weeks before your due date, your SDI payments will begin on the second week or once the seven day waiting period has been served. Therefore, the first week is unpaid. So to answer your question, of the two weeks you take before your due date, only one will be paid. However, you are able to supplement pay while you serve your waiting period by using vacation, sick, or PTO hours.
I got my SDI payments every week. They typically send you an EDD debit card in the mail, and the state automatically transfers funds into the account on a weekly basis.
Hope this helps!
Thank you for such a helpful website! I do have one question– do you know for scheduled c-section moms, for CA state disability do we get 4 weeks before the due date or 4 weeks before the scheduled surgery? I’m scheduled to deliver at 39 weeks, so if it’s 4 weeks before due date, I would essentially only get 3 weeks of disability!
Hi Katy, Glad to hear that info is helpful!
You would need to discuss your disability start date with your doctor. Based on your personal situation in regards to your pregnancy, your doc will determine the best disability start date for you. The 4 weeks before the due date is just the most typical scenario that doctors normally approve for women who have uncomplicated pregnancies.
Talk to your doctor. Let he/she know that you would like to take 4 weeks before your scheduled C-section to rest physically from work and other physical demands. More than likely, he/she will approve.
Hope that helps!
Hi Thanks! This post is great. I work in California and my HR is in Massachusetts. They gave me everything for FMLA and SDI however I’ve been waiting over two weeks for my CFRA application. I go on leave on Nov 1. Do I have to get my CFRA in before I leave? Should I communicate with them I’m taking 22 weeks job protected leave (FMLA/CFRA) and expect eventually they’ll give me my CFRA application? Thanks!!!!
Hi, I know it has been awhile since you have posted this. Everything I am reading is the FMLA and CFRA run concurrently after delivery. Which means per your chart that you would lose 6 weeks. FMLA will run out at the same spot, but CFRA will also start at the birth week. Do you have a link to information that is different? Thank you for taking the time to explain.
Leave taken by an employee under CFRA runs concurrently with FMLA leave, EXCEPT when leave is taken under FMLA for disability due to pregnancy, childbirth, or related medical conditions. This is because CFRA specifically excludes leave taken for disability due to pregnancy, childbirth, or related medical conditions as a “serious health condition.” So, you are entitled to FMLA to cover your “serious medical condition” (aka pregnancy), PLUS CFRA leave to bond with your baby. CFRA regulation 11093 b defines this: “(b) Serious Health Condition – Pregnancy.
An employee’s own disability due to pregnancy, childbirth or a related medical condition is not included as a serious health condition under CFRA. Any period of incapacity or treatment due to pregnancy, including prenatal care, is included as a serious health condition under FMLA. (source: https://govt.westlaw.com/calregs/Document/I19453E650130442088A35E4813E150A5?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default))
Here are some documents that explain this further.
– “A pregnancy/childbirth-related disability leave will be deducted from an employee’s FMLA (12) leave entitlement. The CFRA entitles employees to an additional twelve weeks of bonding leave. (source: https://www.documents.dgs.ca.gov/ohr/supervisor/dgsfmlapolicyprocedures.pdf)
– Under CFRA, “Family care and medical leave” is defined to include leave because of an employee’s own serious health condition that makes the employee unable to perform the functions of the position of that employee, “except for leave taken for disability on account of pregnancy, childbirth or related medical conditions.” Further, under section (s) it states that “Leave taken by an employee pursuant to this section shall run concurrently with leave taken pursuant to the FMLA, except for any leave taken under the FMLA for disability on account of pregnancy, childbirth, or related medical conditions.” The aggregate amount of leave taken under this section or the FMLA, or both, except for leave taken for disability on account of pregnancy, childbirth, or related medical conditions, shall not exceed 12 workweeks in a 12-month period. An employee is entitled to take, in addition to the leave provided for under this section and the FMLA, the leave provided for in Section 12945, if the employee is otherwise qualified for that leave. (source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=12945.2)
Hi I’ve had to go out of work on early maternity leave for bed rest (about 4 months early.) My employer is saying that I have to start my baby bonding time as of 12/1/17 even though my due date is not until 12/5/17. Is that legal? Also how can I start baby bonding if I’m not even recovered from my c section for 8 weeks. What if my doctor says I need more recovery time? They are essentially giving me 4 weeks of baby bonding. Also am I still able to be on disability after my 8 weeks of recovery if I need more recovery time for a pregnancy related issue? And then start my baby bonding after I’ve been medically deemed recovered?
Yes, it is legal. Unfortunately, your employer can start running your CFRA leave if/when you exhaust PDL. Per CFRA regulations, there is no requirement that you no longer be disabled by pregnancy or childbirth before taking CFRA. Here are the CFRA regs that explains this: https://govt.westlaw.com/calregs/Document/I19453E650130442088A35E4813E150A5?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)&bhcp=1
Once you exhaust your 12 weeks of CFRA, you are still entitled to “reasonable accommodation” under the Fair Employment and Housing Act, which may include additional time off from work.
I filed for Edd already and my doc sent in the medical provider portion yet Ed online still says “Pending medical provider form” 8 days later…. Is this typical? How long until you received payment?
Yes, this can be typical. I wouldn’t worry yet. It can take a couple of days for EDD to update your account even if they have the medical certificate, so give it a couple more days. It can take about 1-3 weeks to receive your first payment once your claim is approved.
You are officially my favorite mom blogger. Took notes and I’ll start conversations with HR. Let’s see how it goes! Thank you, Thank you, Thank you!!!!
Glad to hear the post was helpful! There have been some updates to the requirements for CFRA, as well as the % rates for SDI and PFL. I did posts on those recently, so check it out if you haven’t already done so! Feel free to message me if you have any further questions!
I’m confused about the use-it-or-lose-it 4 weeks prior to birth that you mention here:
“Taking off 4 weeks before your due date will NOT affect your “go back to work” date, since that date is calculated from your actual delivery date not when you started maternity leave. I had a lot of people tell me that they would rather spend the extra 4 weeks with their newborn than take off early for maternity leave . . .”
Let’s say I don’t want to take four weeks, but instead work right up until my due date. Under FMLA can’t I still take my 12 full weeks of leave after my due date? Or can I only take 8? I realize that SDI will not run for the full 12 weeks, but I’d rather get paid my full salary in the four weeks before birth than partial wage replacement through SDI.
I’m also confused by this:
“women can get Pregnancy Disability Leave for up to 4 weeks before birth and 6-8 weeks after birth”
But I thought PDL was available for up to 17 weeks. 4 plus 8 is only 12. The math isn’t adding up for me.
BTW thank you SOOOOO much for the research you’ve done here. It’s truly amazing.
FMLA and PDL run concurrently. In CA, FMLA really doesn’t matter since PDL (state law) supersedes FMLA (federal law). FMLA simply just runs in the background of PDL. Also, PDL is more generous than FMLA, giving you UP TO 17.3 weeks of job-protected leave, as certified by your doctor, for time off of work due to pregnancy and/or childbirth-related conditions. So, while PDL UP TO 17.3 weeks of job-protected leave, the actual duration you get is as certified by your doctor. The “default/standard” duration is 4 weeks before birth, and continues until 6 or 8 weeks post birth. I’ve recently been asked by several readers for clarification on this, so thank you for your feedback! I plan to update my post for clarity ASAP!
Follow up question. When you say that FMLA and PDL run concurrently, does that mean that FMLA automatically stops when PDL stops even if you haven’t used all 12 weeks? That doesn’t make sense to me since some states don’t have PDL option and FMLA says it can be used any time in the first year of a new child’s life. Couldn’t you extend your leave by continuing with FMLA after your PDL ends? Bear with me. For example, I qualify for FMLA but not CFRA (it’s confusing, my employer is small but has opted in to FMLA, but not CFRA). So I was planning on working up to one week before my due date, then I’ll get 6 weeks after the birth under PDL; that’s 7 weeks total of PDL. Then, since FMLA is 12 weeks, I was going to continue for 5 more weeks under FMLA after PDL ends, and for wage replacement I would switch over to Paid Family Leave during those 5 weeks. Does that make sense? This way I actually do get more time with my baby after the due date, than I would if I started the PDL/FMLA clock 4 weeks before my due date. So confusing. I hope that makes sense!
You’re absolutely right with your timeline and your understanding. Even though PDL will stop at 6 weeks postpartum (since PDL is only for the period(s) in which you are actually disabled), your FMLA will continue for the purpose of baby bonding for an additional 5 weeks.
Are there any rules governing group health insurance coverage during PDL/CFRA? My company says coverage will be provided only up to 12 weeks but I found conflicting information online about the duration of required health insurance coverage.
Yes, both PDL and CFRA stipulate that an employer must provide health insurance coverage at the same level and under the same conditions that coverage would have been provided if you had not been on maternity leave.
Per PDL regs CCR c1: (1) An employer shall maintain and pay for group health coverage for an eligible female employee who takes pregnancy disability leave for the duration of the leave, not to exceed four months over the course of a 12-month period per pregnancy, beginning on the date the pregnancy disability leave begins, at the same level and under the same conditions that coverage would have been provided if the employee had not taken pregnancy disability leave. (source: https://govt.westlaw.com/calregs/Document/IBE330006FC114ABCA485B8EEA6670F47?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default))
Per CFRA regs CCR c 1 and 2: If the employer provides health benefits under any group health plan, the employer has an obligation to continue providing such benefits during an employee’s CFRA leave, FMLA leave, or both. The following rules apply:
(1) The employer shall maintain and pay for an employee’s health coverage at the same level and under the same conditions as coverage would have been provided if the employee had not taken CFRA leave.
(2) The employer’s obligation commences on the date leave first begins under CFRA for the duration of the leave, up to a maximum of 12 workweeks in a 12-month period. As section 11044(c) of the Council’s pregnancy disability leave regulations state, “The time that an employer maintains and pays for group health coverage during pregnancy disability leave shall not be used to meet an employer’s obligation to pay for 12 weeks of group health coverage during leave taken under CFRA. This shall be true even where an employer designates pregnancy disability leave as family and medical leave under FMLA. The entitlements to employer-paid group health coverage during pregnancy disability leave and during CFRA are two separate and distinct entitlements.” (source: https://govt.westlaw.com/calregs/Document/I8FC1AA88FD85492B8A4250ABD4B28FD8?viewType=FullText&originationContext=documenttoc&transitionType=StatuteNavigator&contextData=(sc.Default)&bhcp=1)
How soon should I apply for my SDI, my due date is 4-9-18? also without knowing they date I will be out and so forth.
thank you .
You can apply for SDI on your first day of leave (aka the first day your doctor has certified your disability). You can’t apply beforehand.
so SDI taken 4 weeks before baby is born is not included in the 12 weeks FMLA my company offers for maternity leave? So after is baby is born- i get the full 12 of 6 disability and 6 PFL?
FMLA provides job protection for up to 12 weeks as per certified by your doctor. The typical duration that a doctor will certify a disability for healthy pregnancy is 4 weeks before and 6 or 8 weeks after birth. You can receive wage replacement through SDI for the entire duration that your doctor has certified you “disabled” by pregnancy and childbirth, which includes the 4 weeks before birth.
After baby is born, you will continue to be on disability for 6 or 8 weeks post birth. After you finish your disability and no longer disabled, you may be eligible for an additional 6 weeks of wage replacement through PFL.
I am in CA and have two employers (one has SDI thru the state and one has a voluntary SDI plan). My doctor is requesting I extend my maternity disability for 6 weeks (it was originally 8 for a csection) due to some pretty bad post-partum depression. The State of California approved the extension, but now my voluntary plan (which is administered by a third party company) is trying to deny it and give me the run-around. I already feel awful and overwhelmed and this is pushing me over the edge.
Any tips on how to handle this? How can I be disabled from one job, but not from the other? Is there anything I can do to fight this? They talked about possibly needing an “independent medical evaluation” because it was a “mental” not “physical” problem (which feels very discriminatory against mental health issues and just makes you feel more awful).
I’m sorry to hear about the PPD. I’m glad to hear that your doctor is extending your disability.
Third party administrators (TPAs) can be super frustrating to work with! I agree that an independent medical eval is a bit aggressive and discriminatory.
Unfortunately, I’m too familiar with VPs ad its appeals process. However, per California Unemployment Insurance Code:
– An individual covered by a VP will have the same rights as if they were covered under SDI
– Each claimant must receive at least the same weekly benefit amount (WBA), MBA, and duration of benefits as if covered by SDI.
So, it seems odd that they are denying you an extension to your VP benefits when your SDI has been approved.
Also, per the EDD website, “If you disagree with the denial, you have the right to appeal the decision and have a hearing before an impartial Administrative Law Judge. To file an appeal, send the EDD a detailed letter stating why you think the VP denial is incorrect. Be sure to print and sign your name on the appeal letter, and include your Social Security number, address, and phone number. The EDD will file the necessary appeal documents with the California Unemployment Insurance Office of Appeals but will not pay SDI benefits in the interim, nor attend the appeal hearing. It is important for you to attend your appeal hearing.” http://www.edd.ca.gov/Disability/FAQ_DI_Voluntary_Plan.htm
I’m so sorry you are having to deal with this, especially right now. It might take a bit of back and forth and fighting on your end, but do what you need to do!
This is adding to Rebecca’s post. I agree that if one chooses to work up until their due date, or at least not take the full 4 weeks before due date, what prevents them from claiming 17 weeks of PDL? Wouldn’t that just “make up” for the use it or lose it 4 weeks? My company offers 13 weeks of paid leave so how does that tag on to SDI and PDL/FMLA?
Thank you for clarifying!
The reason why it prevents them from claiming 17.3 weeks of PDL is because the duration of PDL must be certified by your doctor. While the MAXIMUM amount of PDL is 17.3 weeks, the actual duration of your leave is for however long your doctor has certified for you – and the “standard” duration is 4 weeks before birth and either 6 or 8 weeks after. If you don’t use the 4 weeks before or not take the full 4 weeks, the reason why you can’t tack it on post-birth is because the “standard” post birth disability duration is set at either 6 or 8 weeks postpartum. Of course, your doctor can certify an extension beyond the “standard” duration should you be experiencing any issues during pregnancy and/or after birth.
As to your company’s paid benefit, it will run concurrently with PDL/FMLA and CFRA. How your company paid benefit works with SDI and PFL is dependent on your company’s policy. Without knowing the details, I can’t provide much info. Feel free to email me at firstname.lastname@example.org if you want to discuss further!
Akiko, you are the BEST! Seriously, thank you SO much for this post and for breaking things down. Turns out my NY based HR team has bungled things up and I am now 37 weeks pregnant with no idea that I could have taken 4 weeks off on PDL prior to my delivery of March 15th – I was planning to work until a week prior to delivery. Bloody hell, makes me so mad. Anyways, question for you. Assuming I take my PDL from March 8th, what exactly do I need to do? I have signed up for an EDD account but I think we need the OB to sign off on this….is there a form or something? I wasn’t clear on exactly what is required in the claim process. Many thanks, in advance! – Gaya
Hi Gaya – so glad to hear the post was helpful! That’s really frustrating your HR didn’t give you the full info on what you are entitled to as a CA employee.
PDL and CFRA – the job protection components – are coordinated through your employer. Talk to your HR to formally request your PDL leave, starting on March 8. Also, ask your HR if there’s a PDL/CFRA form (or some sort of leave form) you should fill out. If so, fill that out so they can place in your records. Also, if you are CFRA eligible, it would be a good time to remind them of your eligibility (if your HR is based in NY they may not be well versed in CA laws so be prepared to have to explain ;)) and your plan to take CFRA leave after you finish PDL. Best to get on the same page in terms of dates, especially anticipated return to work date, with HR before going out on leave.
SDI and PFL – the wage replacement components – are done through the EDD using the online portal. You can file your SDI on the first day of your leave (ex: your last day of work is 3/7, file for SDI on 3/8). Your doctor will need to submit a Physician’s Certificate verifying your disability. Once you submit your SDI claim, give your doc your Claim Receipt Number and your doc will be able to submit the certification using the online system as well. Once you are done with PDL/SDI and no longer disabled, you can claim PFL by going through the same EDD online portal. You can’t apply for PFL until the day after your SDI ends.
Hope that helps! Feel free to email me directly at email@example.com if you have any additional questions!
That is super helpful, thanks! I think I will take 2 weeks off actually. Many thanks Akiko. 🙂
Hi there! Thank you for your blog! This has been very helpful as i’ve been researching maternity benefits for many weeks and still found things a bit confusing lol.
Quick question, I understand that SDI will payout for PDL for 4 weeks before due date and then 6-8 weeks after giving birth. If I were to give birth 2 weeks before my estimated due date, does SDI pay for the extra 6-8 weeks by using my original due date, or the date that I actually give birth?
Will SDI require me to provide documentation of the date that I actually gave birth?
Glad to hear the post is helpful!
The date that you actually give birth. No documentation, but once you give birth, you would report your birth to the EDD, including date and how (vaginal or csection), and your claim dates will be adjusted accordingly.
I’m expecting twins on May 22, 2018, but my Dr is scheduling an induction or c section approx 37 weeks. I will most likely be released from work earlier. Will I still get to collect SDI for leaving a few weeks early even though my official due date is later? I qualify for PDL, FMLA and PFL. I also have short term disability benefits through employer, but it’s the same pay percentage as SDI pays. I’m guessing I would need to choose state benefits or short term through employer and not double up??
Yes, you’ll be able to collect SDI for the entire duration that you are disabled by pregnancy and childbirth. As such, that includes any time taken before birth – even if it’s a few weeks before your estimated due date. SDI will begin the day you start your leave and will continue through 8 weeks post-birth for a C-section. If you have any complications post birth, your doctor can certify an extension past the “standard” 8 week post-birth recovery duration. The time you are disabled and collecting SDI, your job will be protected under PDL for up to 17.3 weeks (actual duration is for however long your doctor certifies you disabled).
Re the STD benefit…is the policy a separate STD policy or is it an employer-paid benefit that’s managed by a third-party insurance provider (like Cigna, colonial, aflact, etc)?Depending on which one, that will determine if and how you can utilize both at the same time.
For instance, if it’s a separate STD policy in where the wages are actually through a third-party STD policy, then you can receive both at the same time without it affecting your SDI benefit. The EDD does not consider private STD as wages, and therefore, you can receive both at the same time (even if the combined total is over 100%) without conflict and not need to report it to the EDD.
If it’s the latter where it’s an employer-paid leave program that’s just administered by a third party provider, then you can collect both at the same time BUT your SDI will be reduced accordingly. For example: company-paid leave 60% + SDI reduced to 40% = 100% normal wages.
Hope that helps! If you have more questions, please email me at firstname.lastname@example.org. It’s easier to answer questions via email vs on here. I’d hate to miss your question!! Thanks!
Great job in explaining! I work in HR and this is a very thorough description!!
Thanks, Kay! I really appreciate the feedback, especially from someone like you who works in HR!
This post is so helpful! Thank you! It has been 10 years since having a baby!!! My question is if you start your leave 4 weeks before your due date but the baby comes after your due date will you still get paid for the extra time?
So glad to hear the post is helpful!
Yes, you will get paid for the extra time in the event your baby is late.
Essentially, you’ll be paid SDI for the entire duration that you are certified disabled (minus the 7-day unpaid waiting period)…SDI starts the day your disability began (ex: at 36 weeks) and continues through the day you give birth (whether that’s 1 week early, 1 week late, or 2 weeks late (gasp!), and then will still continue through 6 or 8 weeks postpartum depending on how you give birth. So, no matter how late your baby comes, you’ll be paid SDI for that extra time!
Does SDI provides up to 52 weeks off if the doctor authorizes it? Are those 52 weeks paid if you are disabled the entire time?
Hello! One more question. I took FMLA leave last year. It was for a different medical reason unrelated to pregnancy. My HR department is saying that since I took that FMLA leave, i’m not eligible for baby bonding (CFRA) until the 12 month anniversary date of when I took FMLA leave. If so, I will have to go back to work immediately after PFL ends and then wait almost 2 months to take CFRA leave for baby bonding. I think they are wrong. What are your thoughts? Because I thought you can do FMLA and CFRA leave one another?
Your HR may be correct.
When you take leave due to a non-pregnancy related reason, your FMLA and CFRA run concurrently. Another factor is how your employer “resets” FMLA and CFRA. Based on your comment, it seems like your employer uses the “12-Month Measured Forward” method in which an employee an eligible for CFRA/FMLA every 12-month period from the first date an employee takes FMLA/CFRA.
How many weeks did you take off last year for your medical issue? If you took 12 weeks, then they are correct in saying that you aren’t eligible for another 12 weeks until one year from the date you first took FMLA leave. However, if you took less than 12 weeks, you would currently still be eligible for the balance.
Hope that helps!
Thanks for clarifying. I did confirm again with my employer and they explained it in more detail. My CFRA/FMLA leave resets every 12 months. I didn’t use up the full 12 weeks last year so I have a few weeks I can use after PDL is over and by that time, CFRA/FMLA should be restarting again for the year.
Thanks for your reply!
Wow my employer only told me i could take only 10 weeks totall after having my baby .. i had my baby early on 1/28/18 and they said i had to go back on 4/10 .. so they only gave me 4 weeks of bonding time and said fmla only covers 12 weeks ? My last day of wirk was 1/9/18 .. can i take extra time and is it to late to fight them on this now that im at work?
Your employer must not be familiar with CA leave laws.
If you are eligible for CFRA (i assume you are since you are eligible for FMLA, and the requirements are the same), then you are entitled to an additional 12 weeks of CFRA leave for the purpose of baby bonding, following PDL/FMLA.
As long as you are CFRA eligible, you should absolutely fight them on this since you are entitled to that time off.
If you are CFRA eligible…assuming you had a vaginal delivery with no complications after birth, your timeline would look like this:
1/9 – 3/10: 8 weeks and 4 days of PDL and FMLA. PDL and FMLA run concurrently
3/11 – 6/2: 12 weeks of CFRA. The remaining 4 weeks of FMLA run concurrently with the start of CFRA.
6/3: Return to work (or Monday, 6/4, if you work M-F).
Email me directly at email@example.com, and I can provide you with the leave laws for you to cite to your employer.
Hello, thank you for the great blog!
I gave birth through vaginal delivery on 4/30, one week post my expected due date. I had stopped working 4 weeks before my EDD.
I have the following questions:
– The expected return to work date on my SDI claim is on 6/4, so only 5 weeks after birth, instead of 6. Is this because the birth was one week late? I did declare the birth online though
– I plan to take 8 weeks more after 6/4 and will file for PFL. However, my appointment with the OB who will give me the release to return to work is only on 6/20. Should I file for the PFL before? Or will the DI be extended until 6/20?
Glad the blog is helpful!
1) As long as you reported the birth, the return to work date should be updated to 6/11. Hopefully it’s been updated since you left the comment. You would get 6 weeks for post-birth recovery, regardless of being a week late.
2) Your SDI will automatically stop on 6/10 (6 weeks postpartum). At which point, you can file for PFL on 6/11.
However, if there’s any reason for you to expect that your doctor will certify an extension on your disability (i.e. post birth complications, postpartum depression, etc), I would wait to see your doctor on the 20th before you file for PFL. It’s a bit of pain to start PFL and then stop PFL to go back onto SDI should your doctor certify an extension. If you get an extension, your SDI continuation will be backdated to the 11th.
Hope that helps!
If after my 6 weeks post birth my Dr extends my leave will I still be eligible for the 12 weeks off since it’s not bonding? I’m a surrogate and do not qualify for bonding according to my employer but if I’m still not recovered can I still have 12 weeks under FMLA?
Your extension will be covered under PDL/FMLA until you are recovered. But, unfortunately, since FMLA runs concurrently with PDL for leave due to pregnancy and childbirth, you wouldn’t have an additional 12 weeks of FMLA following your recovery.
Hi so if I understand it correctly, and if my doctor authorizes extension of PDL to the full17.3 weeks, with the 12 weeks of CFRA, I could have a total of 29 weeks off with job protection and health insurance. And up to 23 weeks of wage replacement through SDI and PFL?
If your doctor certifies your disability extension of PDL to the max of 17.3 weeks, and you are eligible for CFRA, then yes to both questions.
So helpful….one more question.
Can my employer force me to use ALL my PTO BEFORE my STD benefits? I don’t mind using my sick days for the waiting period, but I don’t want to exhaust all my PTO…what if I want to take time off after I RTW, then I won’t have any left?
No, they can not force you to use PTO during before SDI benefits kick in, or during any portion of your PDL for that matter. As per PDL regulation code 11044 b(2), at your discretion, you can choose to use any vacation or PTO during your PDL/FMLA leave. PDL regulations only allow the employee to elect to use vacation or PTO – the employer may not require it. This is true whether your leave is protected under PDL only or PDL/FMLA (running concurrently). Hope that helps!
Super helpful information. Thank you!
I work for a very small businesses (8 employees) so there is no HR department to turn to for any sort of guidance. I actually work part time for 3 different small businesses (all greater than 5 employees) for a total of full time work. I am thinking of quitting one of those jobs because I feel overworked but do not want it to affect my disability income when I am on leave. I am due in 2 months.
My primary question is, do you have to be currently employed by all of the businesses which you are calculating income for disability when you go out on disability?
Secondary question, is it possible to claim disability income 4 weeks prior to the due date for one job and work up to a week before the due date for the other jobs? If not, is there a way to claim loss of wages to minimize work towards the end of pregnancy?
Hi – glad to hear the post was helpful.
Your SDI benefit amount is not calculated off of your current wages. Instead, your SDI benefit amount is based off of your highest earning quarter within your base period. Your base period is a set period of time depending on what month you start your leave. To see more info on the base period and how to calculate your SDI benefit amount read here: https://typeamomtales.com/2018/01/22/calculating-your-sdi-and-pfl-amount-updated-info/
As such – to answer your question – you don’t need to be currently employed by all of the businesses that make up your SDI benefit amount. For instance, you could to still receive SDI based off of wages earned at a former employer. This would be the case even if you are currently unemployed.
Yes, you can stagger your SDI claim and you would be able to claim SDI for your reduced wages. When you’re ready to start your disability for Job 1, you would be filing for SDI for reduced wages. That means you will be receiving SDI benefits at a reduced rate to offset your loss of wages from not being able to work at Job 1 only. When your doctor submits the Physician’s Certification verifying your claim (the Physician’s Cert is a required supplement to your SDI claim), your doctor must note that you will first be on a reduced schedule, and will be on full time disability starting on X/X (date that you want your disability for Jobs 2 and 3 to start). Once your disability for Job 2 and 3 start, you’ll be receiving SDI benefits for Jobs 1, 2 and 3 until you are fully recovered from childbirth.
Hope that helps!
This was a very helpful post. I had one quick question for the 7 day waiting period, does this mean we would not get SDI at all during those 7 days or it will be delayed? Also I just to confirm for that 5 day work week I can utilize sick or vacation hours correct?
Thanks so much !:)
The 7 day waiting period would mean that you would not be paid at all for the first 7 days of your SDI claim.
For instance, if your SDI claim starts on 7/15, you would not be paid SDI from 7/15-7/21, and your SDI claim will become payable as of 7/22.
Essentially, everyone gets short-changed one week of SDI as a result of the 7-day waiting period. So, for example, if you are disabled for a total of 10 weeks, you’d only be receiving SDI for 9 weeks (with the first week being the unpaid waiting period).
That said, you can use whatever form of wages to pay yourself during the waiting period. Yes, you would be utilizing 5 days of sick, vaca, or PTO.
Hope that helps!
Hi! Your post is extremely helpful. I just want to clarify one moment. I still don’t understand when CFRA starts – at the moment when PDL ends after delivery or when fmla ends. Let’s say I only take 1 week off prior to delivery. Does that mean that I would have 11 weeks of fmla and then 12 more weeks of cfra. Or I would have only 6-8 weeks PDL and then 12 weeks of CFRA? I am trying to maximize the time I can stay home with my child, not the total time I am off work. So what is the maximum time off work I can get?
CFRA starts when PDL ends. Once you are recovered from childbirth, PDL ends but FMLA will continue until it gets exhausting. As such, there could be several weeks where FMLA and CFRA run concurrently for bonding.
If you take 1 week off prior to your due date, and assuming you give birth at 40 weeks vaginally (disability continues until 6 weeks postpartum) with no need for disability extensions, your timeline would look like this:
Week 1: 1 week of PDL/FMLA
– birth –
Week 2-7: 6 weeks of PDL/FMLA. (PDL ends when certified recovered, and CFRA for bonding begins. FMLA continues – now for bonding – until exhausted.)
Weeks 8-12: 5 weeks of FMLA/CFRA (running concurrently) for bonding. (FMLA exhausts after 12 weeks, but CFRA continues until exhausted)
Weeks 13 – 19: 7 weeks of CFRA only
Hope that helps!
Hello! Your maternity leave posts have been the most helpful! I have scoured the internet for hours upon hours and yours simply can’t be beat!
I have a question I’m hoping you can answer. I am about to return to work after being on PDL for 13 weeks. I did not qualify for FMLA or CFRA because I had only been at my employer for 9 months before I went on leave. I know one of the requirements for CFRA is working for 12 months at a qualifying employer. Since a person can take their CFRA for up to a year after the birth of a child, would I essentially qualify for CFRA after working for these next 3 months for the baby I birthed in May?
Ex: – I went on maternity leave after working for 9 months.
– I am going back to work next week, ironically enough on my 1-year employment anniversary
– will I be eligible for CFRA for the baby I just had come November/December?
I hope my question is clear. Any advice you have would be great! Thanks in advance!
Hi! Thanks so much for the kind words about my posts. I’m so glad to hear they are helpful. Apologies for the delay of getting back to you.
You will become eligible for CFRA upon your one-year anniversary. If you meet your one-year mark while out on PDL, you can actually just take CFRA now without going back to work.
Of course, you can also go back to work now, and take your CFRA leave in November/December, if you wish. You just need to take CFRA leave for bonding before your baby turns one.
However, do note that when you don’t take CFRA immediately after the end of your PDL (i.e. if you were to go back to work and then take CFRA), the 1250 hour requirement for CFRA is within the past year immediately preceding your CFRA request. As a heads up, this can pose issues for some people since they wouldn’t have accrued hours while being out on PDL leave. Whereas, if you take CFRA immediately after PDL, the 12 month period in which you have to serve 1,250 hours of work is immediately preceding PDL leave.
Hope that helps! If you need further assistance, please email me directly at firstname.lastname@example.org.
First off, thank you for this post, it’s super helpful!!
I did have a question: If you take 4 weeks before, but since SDI makes you wait 1 week before you get paid, if all thing aligned with the birth, you’d technically only get SDI for 3 weeks, correct?
That’s correct. Essentially, the 7-day waiting period short-changes everyone one week of SDI benefits. You can use whatever form of wages (sick, PTO, vacation, etc) to pay yourself during the 7-day unpaid waiting period.
Thank you for all of this super helpful information!
I have Liberty Mutual Insurance through my employer. I have been told by them that they provide 6 – 8 wks (depending on vaginal vs C-section) of 70% pay during my maternity leave. How does this factory in to the leave you have described here? Is the Liberty Mutual pay supplementing my SDI benefits? How does that work with me taking 4 wks off before my due date?
Great to hear the post is helpful!
How your STD plan works in conjunction with SDI is dependent on your policy terms. Each policy is different, so you’ll have to work with your employer/STD provider to confirm the details.
Typically, an STD plan will supplement on top of your SDI benefits, paying out less any SDI benefits you are receiving. For example: If your SDI benefit amount is at 60% of your normal wages, the STD plan may reduce it’s pay out to 40% from 70%.
I have seen some STD plans do the reverse as well. So, if your STD plan pays out 70% regardless of receiving SDI, then the EDD will reduce your SDI benefit amount from 60% to 30%.
As to whether the STD plan can start 4 weeks before the due date is up to the policy terms. Most STD plans (at least from what I’ve seen from clients) typically start at birth, and don’t offer pay outs pre-birth unless you have pregnancy complications. So, check your policy terms for the details!
Hope that helps!
Thank you for the useful post.
I have 2 questions for you. My Dr put me on medical leave for 4weeks for sever morning sickness from 15 weeks to 19weeks.I just applied for california’s SDI. Will I be able to take 4weeks off before my due date (if my Dr order it ) and apply for SDI again? I won’t be qualify for FMLA/CFRA since I don’t work more than 1,250 hours.
Since I won’t be qualified for CFRA, I will only get 6 or 8weeks(vag vs cs) plus 6weeks for PFL.Am I correct?
Thank you so much for your help!
Yes, so long as your doctor certifies your disability leave to start at 36 weeks, you will be able to claim SDI again. You’ll receive SDI starting at 36 weeks (minus the 7-day unpaid waiting period) until you are recovered from childbirth (which is typically until 6 weeks post-birth for a vaginal delivery or 8 weeks for a c-section). Your period(s) of disability (4 weeks for severe morning sickness + 4 weeks pre-birth + 6/8 after birth) is covered under Pregnancy Disability Leave, which provides up to 17.3 weeks of leave, as medically necessary.
PFL is only wage replacement and does NOT provide job protection. That is what CFRA is for, but unfortunately you are not eligible. As such, you would need to request an additional leave of absence from your employer (independent of CFRA) in order to take the time off to collect 6 weeks of PFL. Since you’d be requesting a general leave of absence (as opposed to a law mandated protected leave, like CFRA), whether your employer approves your request is up to them and their policy.
Hope that helps!
Great post, I’m glad I found it! I am curious if you know anything about SDI for pregnancy when you are the only employee of the company. I am my boss’s only employee and I know I pay into SS/SSDI among other taxes from my paycheck, so am I eligible for the same benefits as those who work for employers who have 5+ employees? I can’t find anything about this online and I’m beginning to worry I won’t have any income when I have to take time off to have my baby.
Thanks in advance! – nicole
Glad to hear it was helpful.
SDI does not have a employee size requirement. You can be the only employee, and so long as you pay into CA SDI taxes through payroll deductions you may be eligible for SDI benefits during your pregnancy/childbirth disability.
Note that SDI is only wage replacement and does NOT provide job protection. Typically, that is what Pregnancy Disability Leave (PDL) provides. PDL provides the unpaid job protection, while you receive pay through SDI. That said, in order to be eligible for PDL your employer must have at least 5 employees. If you are the only employee, you are not eligible for PDL, unfortunately. As such, you would have to work out unpaid job protection with your employer. Not being eligible for PDL will not disqualify you from being able to collect SDI.
Hope that helps!
Thank you for publishing this information!!! It was so helpful!
If I take 10 weeks of disability (4 weeks before + 6 weeks after birth), does it mean that I will only get paid for 9 out of the 10 weeks since there’s a 7-day unpaid waiting period?
If I don’t take PFL right after my SDI ends, do I have to take another 7- day unpaid waiting period when I do want to start PFL?
Glad to hear the post was helpful.
Yes, that’s correct. The 7-day unpaid waiting period essentially short-changes everyone one week’s worth of SDI benefits.
No, you won’t have to serve another waiting period for PFL – even if there’s a gap in between SDI and PFL. As of Jan 2018, they did away with the waiting period for PFL. SDI waiting period is still intact.
My employer offers 13 weeks of 100% pay for maternity leave. I filed my maternity claim with my employer thinking everything was taken care of and my pay would come in just fine. However, I just learned today from a coworker that CA requires you to file with them as well to actually receive the maternity leave pay. On the CA state site it states “PFL provides up to six weeks of partial pay” I’m so confused with this conflicting information and concerned on how this will all work out. Is the Paid Family leave the correct claim to file?
Thank you for your time and knowledge! So cool that you’ve helped so many people already during this confusing time.
It sounds like what your employer does is supplement on top of your SDI (and PFL) benefits to bring you to 100% of your current wages for up to 13 weeks. Example: SDI 60% + employer paid benefit 40%.
If that’s the case, then yes, you will need to file your SDI claim with the state. The state will pay you your SDI benefit, and your employer will top off the rest to bring your salary whole.
What you need to file for first is Disability Insurance (SDI). SDI is the wage replacement program that runs for the duration you are disabled by pregnancy and childbirth.
After you are recovered and done claiming SDI, that’s when you file for Paid Family Leave (PFL), which provides a max of 6 weeks of wage replacement.
Hope that helps. If you have additional questions, please email me directly at email@example.com.