What happens to my state disability insurance (SDI) benefits if my baby is overdue? 

Pregnancy is beautiful, pregnant women are goddesses, pregnant bodies are perfect…yada yada yada. It’s all unicorns and rainbows until you get to around 38 weeks and you feel more like this…

Only about 4-5% of babies are born on their actual due date, so the chance of delivering past 40 weeks is totally common and normal. As you begin thinking about when to start your maternity leave – and so much of that is based around the expected due date – let’s discuss what happens to your state disability insurance (SDI) in the event your baby decides to take his/her sweet time entering this world.

In California, you are eligible for state disability insurance (SDI) for 4 weeks before your due date, and then 6 to 8 weeks after the actual birth of your baby (6 weeks for vaginal birth and 8 weeks for cesarian birth). Through SDI, you’ll be paid around 55% of your wages. Read here for the full rundown on maternity leave, job protection, and pay while on leave.

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.

Now, what about if you are overdue by 2 weeks? Gasp! Will you still receive SDI benefits up until your baby is born even if it goes beyond 4 weeks? You betcha! As long as you are still certified as “disabled” by your doctor (SDI considers pregnancy a condition that can prevent you from working) you will still receive benefits. If you don’t hear from the EDD (the folks who manage SDI) regarding the status of your baby’s birth, it might be a good idea to give them a call to provide an update.

I should also note that having a past-due baby won’t affect any of your benefits post delivery. No matter when you actually have the baby, you’ll still get the 6-8 weeks of SDI benefits after the baby is born per usual protocol, plus any bonding leave and pay.

By the way, if your baby comes early – which is also is common – you’ll simply get SDI benefits (minus the 7-day “waiting period”) up until the day you give birth. This is why I’m such a major advocate of starting your maternity leave 4 weeks before your estimated due date. It’s a “use it or lose it” scenario, so why not take advantage of every free day before boarding the New Parent Train. Choo Choo!

Which family members do FMLA and CFRA cover?

Super basic question, but I’ve yet to find a simple, easy-to-read answer on the World Wide Web. So, here ya’ go!

FMLA and CFRA both cover the following:

  • Spouses:
    • Husbands and wives
    • Legal, same-sex married couples. As of March 27, 2015, those in legal, same-sex marriages – regardless of where they live – have the same rights as those in opposite-sex marriages to federal job-protected leave under FMLA and CFRA.
  • Sons or daughters:
    • Biological child
    • Adopted child
    • Foster child
    • Stepchild
    • Legal ward
    • Child of a person standing in loco parentis, who is either under age 18, or age 18 or older and “incapable of self-care because of a mental or physical disability.” Loco parentis is defined as someone with the day-to-day responsibilities to care for and financially support a child, or, in the case of an employee, who had such responsibility for the employee when the employee was a child. A biological or legal relationship is not necessary.
  • Parents:
    • Biological
    • Adoptive
    • Step
    • Foster father or mother
    • Any other individual who stood in loco parentis to the employee when he/she was a child. This does not include in-laws.

Additional coverage under CFRA is registered domestic partnerships. Effective July 1, 2015, CFRA leave may be taken to care for the serious health condition of a registered domestic partner, as defined by Family Code sections 297 through 297.5. If you live in California, where the FMLA law and the CFRA law differ, the most generous/less restrictive leave provisions must be applied. 

Additionally, there are couple other bonus coverage areas under California’s Paid Family Leave (PFL) that are worth noting. In July 2014, PFL was expanded to also cover siblings, grandparents, grandchildren and parent in-laws. Under the law, the term “sibling” is defined as “a person related to another person by blood, adoption, or affinity through a common legal or biological parent,” and “parent-in-law” is defined to include the parent of a spouse or domestic partner. Do remember though that PFL only provides partial wage replacement – and does NOT provide job security. So, if you’re thinking of taking leave to care for a sibling, grandparent, grandchild or an in-law, be sure to talk to your employer about job security.

You never know what kind of curve balls life will throw at you. I do feel some relief that federal and state leave benefits extend out to family – blood and non-blood – members. [Cue music!…]

Have you taken leave for an extended family member? Tell us about it in the comments below.