California offers three types of maternity leave: Pregnancy Disability Leave, Paid Family Leave, and Family Leave. Employees who have a pregnancy or child-rearing event fall on the right side of the new law can take up to eight weeks off with partial pay to bond with a new baby. To apply for Paid Leave in California, employees must have earned at least $300 in wages subject to SDI deductions during the period.
For pregnancy leave, a 30-day notice is required, and employees should give as much notice as possible. To apply for Paid Leave, employees should gather required information, file their claim online, and submit their application.
For disability insurance claims, employees must apply for state-funded wage replacement programs (SDI and PFL) through the EDD website. They must also provide information about employers and sources of income over the past 18 months.
In summary, California offers three types of maternity leave, including Pregnancy Disability Leave, Paid Family Leave, and Family Leave. To apply for these leave types, employees must provide as much notice as possible and gather necessary information.
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How do I arrange my maternity leave?
To receive statutory maternity pay, you must inform your employer of your pregnancy, confirm it with a doctor or midwife’s form or letter at least 15 weeks before your due date, and give your employer 28 days’ notice of when you want your maternity pay to start. This is the standard type of maternity pay, which comes from your employer. To get it, you must confirm your pregnancy with a form or letter from your doctor or midwife at least 15 weeks before your due date.
How to take maternity leave in California?
Pregnancy Disability Leave (PDL) is an unpaid leave program for employees who are physically or mentally disabled due to pregnancy, childbirth, or a related medical condition. Employees can take up to four months of leave per pregnancy. California law requires that the employee has a disability related to pregnancy, childbirth, or a related medical condition, and the employer must be subject to PDL law. Employers with five or more employees typically qualify, along with state or local government entities. Pregnancy alone is not considered a disability.
How to qualify for California Paid Family Leave?
In order to receive Paid Family Leave benefits, an individual must submit a claim to the Employment Development Department (EDD) either online or via postal mail. Additionally, the individual must have earned a minimum of $300 in wages subject to State Disability Insurance (SDI) deductions over the course of a 12-month period, which serves as the base period for determining eligibility.
How much does EDD pay for maternity leave in California?
The Connecticut State Plan (CA PFL) and Connecticut State Disability Insurance (CA SDI) provide up to eight weeks of partial pay and 60-70 weeks of weekly wage, depending on an employee’s income, until the end of 2024. Employers are required to participate in the state program or offer a private plan option. The Hartford offers CA PFL combined with CA SDI on an Administrative Services Only (ASO) basis. The benefits include care for a seriously ill family member, welcoming a new child, military active duty exigencies, and Paid Leave for a worker’s injury or illness not related to their job.
The maximum weekly benefit remains at $1, 620 for requests beginning in 2024, with a minimum weekly benefit of $50. Payment is calculated based on the base period, which is the first four of the last five completed calendar quarters before the start date of the new claim.
How many weeks does California give for maternity leave?
The California Family Rights Act (CFRA) and the California Pregnancy Disability Leave law allow employees to take up to 28 weeks of leave for pregnancy, childbirth, and baby bonding reasons. The PDL law provides job-protected, unpaid maternity leave for pregnant employees who are considered disabled by pregnancy, childbirth, or a related medical condition. After a physician determines disability, pregnant employees can take up to four months of disability leave, lasting before and after childbirth.
Do California employers have to pay for maternity leave?
In California, employers do not have to provide paid maternity leave, but many clients receive some money through Paid Family Leave (PFL). Eligible individuals can receive partial pay for eight weeks to bond with a new child, with a maximum paid parental leave weekly wage of $1, 620 for 2023. To obtain PFL, claim online or mail with the Employment Development Department. However, PFL is not job-protected leave.
How to request for maternity leave?
The sender is formally expressing their pregnancy and intention to take maternity leave following UK employment law. They are expecting their baby on the expected due date and plan to start their leave on the start date of maternity leave. They understand the difficulty in understanding legal requirements and HR best practices, especially when it comes to maternity leave. UK employment law allows eligible employees to take 52 weeks of leave, but companies can design their own schemes to better suit their needs. Small businesses without dedicated HR personnel may lack the expertise to navigate UK employment bureaucracy and time to respond to maternity leave letters.
What benefits can I claim when pregnant in California?
In California, pregnant employees have two types of leave benefits: Pregnancy Disability Leave (PDL), which provides job and benefits protection, and wage replacement from the state during qualifying leave (SDI/STD, PFL). The Fair Employment and Housing Act (FEHA) allows eligible employees to take unpaid, job- and benefits-protected time off due to pregnancy-related medical disabilities, both before and after birth. Employers with five or more employees must allow up to four months of leave, and group health benefits must be continued on the same terms as if the employee were not on leave.
Employers must provide reasonable accommodations to employees affected by pregnancy, including reduced schedules or time off, which can be counted toward PDL. Wages are not required for employees taking PDL unless they have a policy of continuing payment for other types of temporary disability leave. Employers may require or elect employees to use accrued sick leave, vacation leave, personal leave, or paid time off (PTO) during the leave period.
In general, employees on pregnancy disability leave must be treated the same as those on other types of short-term disability leave in terms of pay, benefits, and other terms and conditions of employment.
Is there a waiting period for Paid Family Leave in California?
Paid Family Leave (PFL) is a benefit program offered by the State of California, providing partial income replacement for up to six weeks within a 12-month period after a seven-day waiting period. This is particularly beneficial for women who receive Social Security Disability Insurance (SDI) for pregnancy disability leave. The waiting period is credited to any subsequent baby-bonding, allowing women to collect six weeks of SDI during pregnancy disability and six weeks of PFL immediately after disability ends. PFL is taxable and provides 55% of weekly wages, with a minimum of $50/week and a maximum of $728/week in 2004. The maximum benefit increases in 2005.
Unlike the federal Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA), PFL does not provide job protection by itself. Employees may be terminated or replaced when absent for PFL unless they are also eligible for separate protection under other laws or entitlements, such as FMLA or CFRA. Newly hired UC employees may be eligible for PFL benefits based on previous employment before reaching the minimum service time and hours to qualify for FMLA or CFRA. Departments are encouraged to review applicable University policy and collective bargaining agreements pertaining to family leave and other leaves.
When can I start my maternity leave?
Maternity leave and pay may commence up to 11 weeks prior to the expected date of childbirth or on the date of birth. It is the responsibility of the employer to inform the employee of their rights no later than 15 weeks prior to the expected date of childbirth. In the event that the aforementioned leave has not yet commenced, it is recommended that a minimum of two weeks be taken, or that the leave be taken in one continuous period. Maternity leave is obligatory for factory workers.
How long is California maternity leave in 2024?
An employee who is disabled due to pregnancy is entitled to receive up to four weeks of disability benefits prior to and eight weeks following a cesarean delivery. Following this period, an additional 12 weeks of protected leave is available for the purpose of bonding with the newborn child.
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HR Director here – I wanted to offer some solid advice. Please please please, get medical certification from your doctor for your PDL. Most providers will be fine with the 4 weeks pre-birth and 6 weeks post-birth. But make sure it’s in writing and get it to your HR Department. This protects your right to PDL, before your CFRA starts (there are several other states, like Oregon, that have state leave programs that start after FMLA). If you are getting close to the end of that 6 weeks post-birth, and you feel you are still recovering – get a new medical certification to extend your PDL. And get this updated info to your HR Department. Your CFRA (12 weeks for baby bonding) will not start until all of your medically certified PDL, certified by your doctor, is done. As soon as you are done with your PDL, you instantly convert to CFRA, and the 12 week clock starts ticking away. Most pregnant employees see a total of 22 weeks of job protected leave in this form: •\t10 weeks FMLA/PDL — with 9 weeks SDI wage replacement •\t2 weeks FMLA/CFRA — with 2 PFL wage replacement •\t10 weeks CFRA — with 6 PFL wage replacement (there is no waiting period, but there is only 8 weeks max of wage replacement). To gain more time – it will need to be accomplished with PDL – like this: •\t12 weeks FMLA/PDL — with 11 weeks SDI wage replacement •\t5.33 weeks PDL — with 5 weeks SDI wage replacement •\t12 weeks CFRA — only 8 weeks are covered by PFL For a maximum of 30-ish weeks of job protected leave with 24 weeks of wage replacement.
Thank you so mucho for this article, the best article I’ve seen so far, my Due Date is July 28, and I wanted to be Job Protected + have a paid during my leave, and I know this was available, because my doctor told me a little bit about it, but I did not have the PROTECTED side clear and the vocabulary to talk to HR yet. When I told them they only mentioned FMLA 12 weeks protected job, and that’s it. They were not even flexible about it, and they wanted me to sign a form without even bother to mention PDL, or difference between CFRA. This is my estimated leave based on protected side and paid side——— July 1 Starts disability (4 weeks before) July 28 due date July 29-Sep 9 (6 weeks Disability after birth regular birth) Sep 10- Nov 5 (8 weeks baby bonding)
This is by far THE best article I have ever ran across while currently pregnant LoL. I’ll be downloading the pdf when I get paid. But, I do have one question. Is a doctor’s note required to take the 4 weeks off before birth? I’ve watched a few articles about maternity leave and this one is by far the best!!!! 🎉
This whole article is so helpful! But I do have a question. Can I still use my SDI and PFL if I plan to stop working after I have the baby since I won’t be able to go back to work (nobody will be taking care of my baby, my husband has to work full time, there’s no possibility of taking turns in shift, and I can’t afford daycare with my monthly pay anyway)?
Fellow nurse here! Thank you for this information, it was all super helpful! Getting straight answers from HR has been somewhat difficult, even after a 1:1 session with our benefits coordinator. My situation is a little bit complicated by the fact that my due date is 5/21 and my one-year mark at my current employer will be 5/15. If I am understanding correctly, I am eligible for PDL 4 weeks prior to my due date and 6-8 weeks after delivery. If I start my PDL prior to the one-year mark, does that affect my eligibility for PFL? For example: PDL start: 4/23 (4 weeks before due date) 6-week PDL: 5/21 – 7/2 PFL: 7/3 – 8/28 Since PFL would not start until 7/3, that would mean I meet the 12-month employment requirement, correct? Or is it based on the start date of my overall leave which would be 4/23? Would appreciate any insight!
Question in regards to State Disability- since it guarantees 10weeks (4 before and 6 after birth) does it allow you to split it differently? For example if I feel good and would like to work until one week before my due date, instead of 4. Would SD cover the rest 9 weeks after birth instead of 6? Or would it still be only 6 weeks after birth, meaning I’d loose 3 weeks
Hi! My job provides 12 weeks of full pay + job protection beginning on my due date and then after 8 weeks I have to write an email to HR with my intent to return to work and an approximate date (that can be updated as needed). Will my work benefits be able to get stacked with disability and PFL? Or will I not qualify for disability if I’m getting paid through my job technically?
I delivered 1/10 but my doc has extended my disability till the end of July. I work for a large corporation and they have zero understanding of CA law. I haven’t received payment in weeks from Edd and everything is completely messed up with my company and pay. I feel very vulnerable and unsure of what I’m supposed to do next !
Ok I got 3 weeks under SDI (gave birth early) and I’m getting 6 weeks after but on EDD I was switched to PFL and now my 6 weeks are almost up and I keep getting told if I take more time off my job is not protected.. did I mess up by getting PFL before PDL? on the EDD website it automatically takes you from SDI to PFL I’m in California.
Hey @Camille2686 this is Chelsea, the gal in article 🙂 So even if you work for a company that has less than 5 people employees there are still a lot of programs you qualify for. In our Mat Leave PDF we in detail wrote out all the qualifications for each individual program so you can piece together the ones that work best for you. At the top of my head a small employee number would affect you qualifying for PDL which is the law that helps protect your job and benifts for 4 months. Also it would affect your ability to qualify for PWFA.
Hi! I’m confused about the 1250 hours or one year by the time of birth. If I’m only looking to obtain Disability leave (with no extension) and PFL (with no extensions) do I still have to have worked for one year or that amount of hours? I’m a college student working part time. I have medical insurance and not through my employer.
I’m a little confused. I understand about SD- 4weeks before and 6 weeks after and PFL – 8weeks a total of 6 months leave over all. But at my work, we are fully paid for 8 weeks of maternity leave called “Parental Leave Pay”. When do I file my maternity leave fully paid for 8 weeks PLP? I hope I makes sense🥲