January 2015 Moms

Help with California disability

So, last time I went on leave, I had more vacation time available, and we had a different CEO in place, so this time is a lot different. I am getting conflicting information and need help on the basic leave I am entitled to. From what I read, I can take up to 4 weeks before delivery, and 8 weeks after (I am having a c-section) on state disability. All of that will be paid, correct? Then, with Paid Family Leave, I can take an additional 6 weeks to bond with baby, which is also paid. Am I correct? I don't plan on taking time before, but the nurse at my appointment today asked me when I was taking off and I told her I was planning to work till the day before my c-section, if I am able to. That's when she told me that I was entitled to the 4 weeks before. Help!!!
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Re: Help with California disability

  • GromMomGromMom member
    edited December 2014
    If you don't take the 4 weeks before you cannot take them after. They are only for before birth. That's really all I know and for the before you need a doctor or cnm note. Of course my friend convinced to take 2 weeks with ds and he came 11 days early 3 days after I took off so by the time it got approved I had to refile with the birthdate. Just something to consider.
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  • That's my understanding. Up to 4 weeks before and 6 weeks after birth (8 weeks if CS) of short term disability. Then, an additional 6 weeks of paid family leave. You can take the PFL right away or wait to use it within the first year. My coworker took her PFL when her LO was around 6 months old.
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  • This is a helpful link. I'm taking 16 weeks total of paid leave (4 weeks before birth, and 12 weeks after). You should take the four weeks before, if you can (remember, it's only partial pay), because it's a use it or lose it thing. I attached a chart that helped me understand how long I could take, and what was covered under what. Also, be sure to discuss all this with your HR department.



  • Thanks everyone! I'm trying to compile an e-mail right now for my HR person :D
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  • you can get 4 weeks disability prior to birth (this is a use it or lose it sort of thing)
    6-8 weeks disability after birth (you could technically be out on this disability longer than 6-8 weeks if there are complications or you some how convince your doc to keep you on disability, however the average time is 6 weeks for a vag birth and 8 weeks for a c-section)

    these are both paid and provide job security

    Paid Family Leave is an additional 6 weeks of paid leave, however does not include job secuirty.  This leave is usually taken at the same time as FMLA because FMLA provides job secuirty.  FMLA requires that your employer provide it (which is required if the company has 50+ employees) and you also have to be at your job for 1 year.  (i don't know much more about FMLA because i don't qualify)

    Here is a helpful link: https://workfamilyca.org/resources/

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  • I wish we had the 4 weeks before delivery thing in Indiana! That would be amazing! I would take full advantage of that opportunity.
  • @llambrose‌ , I wish we had job protection in Indiana! Lost all my sick time that I was saving for maternity leave when I was fired. Also there is no paid time off here unless you earn it ahead of time.....
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  • @llambrose‌ , I wish we had job protection in Indiana! Lost all my sick time that I was saving for maternity leave when I was fired. Also there is no paid time off here unless you earn it ahead of time.....

    I qualify for FMLA so I am taking that, I am also using sick and vacation time, STD time and my work offers 6 weeks Paid Parental Leave (which I am lucky to have) so I am taking 12 weeks off then going back 3 days a week for a month and a half. I have it better than a lot of people do in the States but I know it won't feel like enough and I would love to be off for 4 weeks prior to delivery like they offer in CA.
  • I think I understand it better now after I had my HR person break it down for me like you guys did. I think she was confused the first time she talked to me too, because she's new and not from CA. I have my mandatory 5 day vacation already scheduled for Christmas week, but warned HR and my boss that I may not be back after that. I need that 2 weeks before to get stuff ready and rest a little. Oh, and I will be "trying out" being a SAHM while on maternity leave, and may not return at all to work....we'll see how that goes! I've been there for 18 years, so I'm scared, but being a SAHM is what I've always wanted! Thanks for all the info ladies!!!! :x
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  • Hi - I do HR/Payroll in California and did State Disability followed by Paid family leave with my first child and plan to do it again this time around.  Now there are a few things you need to check on, such as if you have an employee handbook that has any specific requirements/rules in relation to the company you work for.  For example, not all companies pay into CA SDI (CA State Disability Insurance).  Some companies also require you to exhaust your sick/vacation leave and may coordinate small amounts of vacation/sick leave with your SDI payments (SDI only pays about 55% of pay over a specific look back period).  You don't necessarily get 55% of your current monthly pay.  If your company doesn't pay in to SDI and they do not have another Disability provider then you may not be paid while you are off (unless you have the vacation/sick time available to cover your time off).  Pregnancy Disability Leave is an unpaid leave, its if you qualify for FMLA or PFL that you can get wage replacement while on leave.  Also there are certain requirements in order to qualify for FMLA and if you do not meet those requirements your leave may not protect your job while you are out.  Plus I believe if it doesn't qualify for FMLA, it may not be SDI eligible for wage replacement (i personally have not come across this and so I am not sure).
    There is a 5 day wait period from the start of your leave to the time your SDI can begin and normally you would take 5 days of vacation (so as not to go unpaid).  It's my understanding that you can get paid for 8 weeks postpartum after having a c-section while you are physically considered to be "Disabled" paid thru SDI, then you can take an additional 6 weeks paid, covered under paid family leave.  The part I am unsure of and struggling with a bit myself is that I don't know how much time you can get "paid for" prior to giving birth. 
    With my last I went out 2 weeks before my due date, I used vacation the first week to cover the waiting period and then I ended up having to have a schedule c-section the start of the second week. So I really didn't have extra time prior to birth to worry about how I was going to be paid.  I hope this was more helpful than confusing....good luck!

  • @Heatherlowry9‌.....thank you so much for taking the time to explain this all to me. Yes, our company pays into CA SDI, so I will get paid from that. And I do know about the waiting period, and remember that from when I was on leave 7 years ago. It's all so confusing....but I think I get it now. Thanks again!!
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