Is It Possible To Claim Ssdi While On Maternity Leave?

The Family and Medical Leave Act (FMLA) is a federal law that allows employees to take up to 12 weeks of unpaid leave for pregnancy and bonding with a new child. However, the conditions for taking short-term disability are typically different than FMLA qualifications, such as employment for 12 months. As of March 2023, only 27 of private sector workers in the United States had access to FMLA benefits.

Mothers and fathers have the same right to take FMLA leave to bond with a newborn child. Employers must run leave under the FMLA, and eligible employees can take up to 12 weeks of leave for treatment or recovery from serious health conditions. If an employee has an event that qualifies for leave under both FMLA and Paid Family Leave, and the employer is covered under both laws, the employer can require them to run FMLA leave concurrently with Paid Family Leave (PFL) or State Disability Insurance (SDI).

Eligible employees can choose how they can use both benefits to support their families. An eligible birthing parent may be able to receive Temporary Disability benefits for pregnancy and childbirth recovery. PDL and CFRA leave cannot run concurrently since CFRA leave does not cover pregnancy. Additionally, employers can require FAMLI leave to run concurrently with those employer provided short-term disability, long-term disability, or paid parental leave.

To use these programs, employees need to separately qualify for Pregnancy Disability Leave or the California Family Rights Act to ensure their job is held while they are on pregnancy.

What is the maximum pregnancy disability leave in California?

The employee’s healthcare provider determines the disability related to pregnancy, with a maximum of four months available. If disabled longer than four months, additional leave may be granted as a reasonable accommodation. Employees working for covered employers are eligible for PDL upon hire, and PDL can be used for any time the employee is disabled by pregnancy, childbirth, or a related medical condition.

Can you take longer than 12 months maternity leave?

The maximum amount of maternity leave that can be taken is one year. However, it is possible that an employer may grant additional time off work. However, this period of leave will not be classified as maternity leave, and thus the employee will not be entitled to the associated rights. In the event that a period of leave exceeding one year is requested, it is advisable to consult with the employer regarding the possibility of returning to work following the additional period of leave.

Can California paid family leave be taken intermittently?

California Paid Family Leave (PFL) benefits are available to eligible employees who participate in either USF’s California VDI plan or the California state’s SDI plan. Medical certification is required for PFL, which can be taken consecutively or intermittently. PFL pays approximately 60 of current earnings up to a maximum of $1, 620 per week in 2024, with the remaining 40 paid with accrued sick hours for non-baby bonding claims.

There is no waiting period for PFL benefits, and employees can use PFL benefits to care for an eligible family member, bond with a new child, bond with a child in connection with adoption or foster care, or assist with a family member’s military deployment to a foreign country. Shorter increments are allowed on two occasions.

Do CFRA and FMLA run concurrently in California?

The California Fair Labor Standards Act (CFRA) and the Fair Labor Standards Act (FMLA) will be implemented concurrently.

How do I extend my pregnancy disability in California?

To extend your pregnancy disability after the 6 weeks post-actual due date, you can take up to 124 days total, starting from the first day of your pregnancy leave claim. Your doctor will need to write a new disability note extending your leave and putting a new return to work date. Many women don’t understand maternity leave and bonding leave, and finding good information on it can be challenging. To help other Californian mamas, this post is limited to California and includes information on new changes for 2020 and onward, thanks to Governor Newsom.

Disclaimer: I am not a lawyer or expert on this topic. I am merely writing down my understanding of it because I had to deal with calling state disability and work HR frequently. I hope this information helps answer some questions about your leave and simplifies things, but please do not take this information as 100% accurate or legal advice.

Does California pregnancy disability leave run concurrently with FMLA?

The California Family Rights Act (CFRA) excludes pregnancy and childbirth from the list of conditions that qualify employees to take CFRA leave. In such cases, both the Paid Disability Leave (PDL) and the Family and Medical Leave Act (FMLA) will operate concurrently.

How do I extend my pregnancy disability leave in California?

To extend your pregnancy disability after the 6 weeks post-actual due date, you can take up to 124 days total, starting from the first day of your pregnancy leave claim. Your doctor will need to write a new disability note extending your leave and putting a new return to work date. Many women don’t understand maternity leave and bonding leave, and finding good information on it can be challenging. To help other Californian mamas, this post is limited to California and includes information on new changes for 2020 and onward, thanks to Governor Newsom.

Disclaimer: I am not a lawyer or expert on this topic. I am merely writing down my understanding of it because I had to deal with calling state disability and work HR frequently. I hope this information helps answer some questions about your leave and simplifies things, but please do not take this information as 100% accurate or legal advice.

How much time can you take off for maternity leave in California?

California’s maternity leave legislation requires that companies with a minimum of five employees provide 12 weeks of unpaid family leave to new parents and up to four months of unpaid pregnancy disability leave in instances where employees are unable to work due to pregnancy-related conditions or childbirth. In the event that a qualified disability necessitates an extension of the permitted leave period, reasonable accommodation leave may be a viable option.

How to get intermittent FMLA in California?

FMLA Certification of Intermittent Leave is a process that requires proof of illness and due diligence from an employer. Employers may require a certification from a doctor detailing the employee’s need for FMLA intermittent leave. The certification comes from the Department of Labor and requires doctors to answer questions about the amount and duration of the leave. Employers can request recertification of intermittent FMLA medical leave every 30 days.

If an employer refuses to grant FMLA intermittent leave or if the employer is interfering or retaliating against the employee for taking family and medical leave, a Los Angeles FMLA lawyer may be needed for assistance.

Do PFL and FMLA run concurrently in California?

Pregnancy Disability Leave (PDL) is a leave policy that allows employers with 5 or more employees to take up to 4 months of job-protected leave for pregnancy, childbirth, or related conditions. This leave runs concurrently with the Federal Fair Labor Standards Act (FMLA) but not the California Family and Medical Leave Act (CFRA). Employees on PDL can take up to 4 months of PDL leave and 12 weeks of leave under CFRA for bonding with a new child or caring for a serious medical condition.

The New Parent Leave Act (NPLA) requires employers with 20 or more employees to provide up to 12 weeks of unpaid, job-protected leave for bonding with a newborn or a child placed through adoption or foster care. NPLA leave does not run concurrently with PDL, so after using PDL, an eligible employee is entitled to 12 weeks of NPLA leave, for a potential combined total of 7 months of job-protected leave.

Employers must patch together these leave laws to determine the proper amount and type of leave an employee may take.

Does California paid family leave run concurrent with FMLA?

Pregnancy Disability Leave (PDL) is a leave policy that allows employers with 5 or more employees to take up to 4 months of job-protected leave for pregnancy, childbirth, or related conditions. This leave runs concurrently with the Federal Fair Labor Standards Act (FMLA) but not the California Family and Medical Leave Act (CFRA). Employees on PDL can take up to 4 months of PDL leave and 12 weeks of leave under CFRA for bonding with a new child or caring for a serious medical condition.

The New Parent Leave Act (NPLA) requires employers with 20 or more employees to provide up to 12 weeks of unpaid, job-protected leave for bonding with a newborn or a child placed through adoption or foster care. NPLA leave does not run concurrently with PDL, so after using PDL, an eligible employee is entitled to 12 weeks of NPLA leave, for a potential combined total of 7 months of job-protected leave.

Employers must patch together these leave laws to determine the proper amount and type of leave an employee may take.