California Maternity Leave Question

eortman

Are any of you extremely familiar with California maternity leave laws? I am currently interviewing for a job in California with my existing company. I have been with the company well over 12 months, so it would technically be a transfer or promotion. Do you know if I would qualify for California maternity leave since I've been with the company over 12 months or would I not qualify because I would only be in CA for about 2 months before birth? Or would it vary depending on the company? I will certainly ask HR if I get the offer, but I am just curious in the meantime.

jnnfrrose6

No help from me, not in CA, but if you haven't already done it, I'd post over on working moms too and see if you get some answers there.

helloblueeyes

@eortman

I think Paid Family Leave which is what CA does is linked to the SDI that is done in CA. I think there may be a minimum you have to pay into SDI with taxes to be eligible. CA EDD would be able to answer the question if your HR couldn't. Sorry it's not definitive answers, I'm in CA and still have trouble with the laws sometimes. They are confusing as hell. 

ETA tag

keshupe29

I'm in CA and recently looked into PFL and EDD disability. If you go to the website it breaks down when you are elegible. You may only be able to get paid leave since you have not paid into disability for long enough.

hgtvmom

Don't quote me on this, but...

From the state's view, you are with the same company - your pay check will be coming from the same employer id number, so I don't think it will be a problem as your paycheck will look no different to the state. You should only get one W-2 at the end of the year, with your combined earnings. There is no classification on the info going to the state that would designate you as with a different department.

I don't see how it would be a problem from PFL standpoint on the state's end.

bgoodbpar

Definitely better to ask the folks that know better but I'm a CA resident and CA disability requires that you pay into SDI for State of CA for a certain period of time before you become eligible. That means if you were with the same company and not paying ca taxes and sdi then that time would not count until you are actually paying california. For me, I am a teacher and we don't pay into state disability so I do not get anything in terms of maternity disability money

jnnfrrose6

Pup4gdb said:

Don't quote me on this, but... From the state's view, you are with the same company - your pay check will be coming from the same employer id number, so I don't think it will be a problem as your paycheck will look no different to the state. You should only get one W-2 at the end of the year, with your combined earnings. There is no classification on the info going to the state that would designate you as with a different department. I don't see how it would be a problem from PFL standpoint on the state's end.

The problem with this is the state tax aspect of that.  Yes, for federal purposes she's still with the same company so that shouldn't be an issue with getting one W-2 at the end of the year, but when she moves, she will start paying CA state taxes as opposed to where she's currently living.  I presume CA's taxes cover the CA maternity leave stuff, so because she will only have been living there for about 2 months, she may not have paid into the state system enough to get the CA maternity leave coverage, whatever that is.

hgtvmom

jnnfrrose6 said:

Pup4gdb said:

Don't quote me on this, but...

From the state's view, you are with the same company - your pay check will be coming from the same employer id number, so I don't think it will be a problem as your paycheck will look no different to the state. You should only get one W-2 at the end of the year, with your combined earnings. There is no classification on the info going to the state that would designate you as with a different department.

I don't see how it would be a problem from PFL standpoint on the state's end.

The problem with this is the state tax aspect of that.  Yes, for federal purposes she's still with the same company so that shouldn't be an issue with getting one W-2 at the end of the year, but when she moves, she will start paying CA state taxes as opposed to where she's currently living.  I presume CA's taxes cover the CA maternity leave stuff, so because she will only have been living there for about 2 months, she may not have paid into the state system enough to get the CA maternity leave coverage, whatever that is.

***mobile quotes hate me***

Sorry! I didn't get that there was a move TO California involved! My bad!

eortman

I didn't even know that there was a disability possibility. I was just pretty excited about the idea of paid leave. Wow! I'm jealous of you CA ladies :-) I have personal short-term disability through Aflac, so I'm pretty sure I would still get that, but it looks like the paid leave may or may not be an option. Interesting stuff. Now, I just need to get the job :-) THANKS!

HJakes78

I am in CA and we get SDI (state disability) for 4 weeks prior and 6-8 weeks after 60% gross and PFL (paid family leave) for 6 weeks at 55% gross. I think you will be able to receive the PFL but not SDI because you have not been paying into the states disability.

But I do think your HR is the professional so she/he will know more then me.

Also, Google was actually a good resource especially the Kaiser one so check it out!

Hopefully I helped a little!

HJakes78

Bpargood said:

Definitely better to ask the folks that know better but I'm a CA resident and CA disability requires that you pay into SDI for State of CA for a certain period of time before you become eligible. For me, I am a teacher and we don't pay into state disability so I do not get anything in terms of maternity disability money

How about PFM (paid family leave?) the 6 weeks. Does that's not count either?

bgoodbpar

@HJakes78‌ no PFL either. Qualification is determined by paying into SDI as well. My husband gets PFL though at 55%--I'm sooo jealous. I literally get nothing (outside of using personal sick days) without private disability coverage through Aflac or the like.

HJakes78

Bpargood said:

@HJakes78‌ no PFL either. Qualification is determined by paying into SDI as well. My husband gets PFL though at 55%--I'm sooo jealous. I literally get nothing (outside of using personal sick days) without private disability coverage through Aflac or the like.

@bpargood I had no idea about that. But since your pay periods are spread across the year, will you still receive that salary? Or do you literal get nothing?!?!

@eortman‌ from the above I think
It's safe to say if you have not been paying into CA SDI you won't get any paid time off!

bgoodbpar

@HJakes78‌ actually I'm only paid for months I work so I don't get anything from my district when I'm off. Because I teach special Ed we normally teach summer school so that would be an extra paid month but I'm not teaching it this year for obvious reasons lol. I use a personal summer saver account to put money aside for summer during the year.

We planned a summer baby so I wouldn't have to use sick time to cover leave.