San Diego Babies
1st m/c July 2008, 2nd m/c December 2008, Baby boy born in 2009!, 3rd m/c (c/p) June 2011, 4th m/c September 2011
Who knows CA law well? (re: FMLA/STD)
So, what's the deal. My company guide is SO cumbersome (and they are based in Michigan). Before I call my HR rep, I want to atleast be a tiny bit knowledgeable so I can make sure I'm getting what I'm supposed to be getting.
FMLA-protects job -can be paid or unpaid depending on company. Good for 12 weeks.
STD-every company is different obvi. My salary will be paid at 60%.
Anyone have a better explaination? Anything I'm missing? Thanks.
1st m/c July 2008, 2nd m/c December 2008, Baby boy born in 2009!, 3rd m/c (c/p) June 2011, 4th m/c September 2011This discussion has been closed.
Re: Who knows CA law well? (re: FMLA/STD)
I found the article-- it's from a Society for Human Resource Management publication, so it's focused on what employers need to do to keep out of trouble. I found it helpful, though, because it helped me anticipate what my HR would want to know (and avoid) and areas where I might have more leeway.
It's 2 pages, though, so too long to re-type. Let me know your email address and I'd be happy to scan it and email it to you.
You can use STD I think up to 4 weeks before your due date and 6 weeks after baby is born (but maybe only for a total 8 weeks? I forget). I used STD for 6 weeks after DD was born and am on Paid Family Leave for the next 6 weeks so I get a total of 12 weeks paid leave.
My dr sent in my STD paperwork and I got a notice in the mail to apply for PFL after STD was up. Super easy.
Here is more info:
https://www.edd.ca.gov/Disability/Paid_Family_Leave.htm
my little powder puff
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As BB said... you're covered for 4 weeks before (on disability) and up to 12 weeks after (6 weeks disability and 6 weeks paid family leave).
I took 3 weeks before (would have been 4 if E baked a bit longer) and the full 12 weeks after. Because of what I made I actually made the exact same amount (give or take $2) on disability and about 5% less on PFL.
These are offered through the state, not your company. FMLA is completely different that PFL. FMLA protects your job while you're taking PFL and disability.
PM me if you need more info! I had to research ALL of this for myself since my HR department sucks nuts.
Oh... and remember that Daddy gets 6 weeks PFL as well! DH took 1 week after he was born and 4 weeks after I went back to work full time so E would be with a parent for the first 4 months of his life. DH still has 1 more week to use before E's first birthday (you have to use your PFL within 1 year of the event) so he's taking off the week between christmas and new years to be with me and E (I've since gone to 2 days a week at work).
You get 8 weeks of STD after if you have a c-section. Your Paid Family Leave can be taken any time until the baby is one year old. STD has nothing to do with your company. If you pay into State Disability you are entitled to receive it and your doctor fills out the forms. Because FMLA only covers your position for 12 weeks, I chose to only take 1 week ahead of time and 11 weeks after but could have probably stayed out longer.
I work in Human Resources and just happen to be taking advantage of all my leaves of absence right now, since my LO is now home from the NICU!
Basically, the PP all got bits and pieces right on. Let me see if I can break it down a bit more descriptively...
There are portions of your leave that are paid and unpaid. Some of them are required to run in conjunction with each other. The things I'm discussing here are outside of any special policies your company might have. Some just offer these standard leaves, some have more generous optional paid maternity leaves.
Pregnancy Disability Leave (PDL) - This is a state paid leave that can run up to 16 weeks total (8 weeks before the birth and up to 8 weeks postpartum), depending on your type of delivery. For the full 8 weeks pre-birth leave, you would typically be required to get a doctor's order based on pregnancy complications. Postpartum you'd get 6 weeks for vaginal delivery, 8 weeks for c-section. It's the STD you were referring to, but is called PDL because it's specific to pregnancy. As long as you pay SDI tax through your employer, you're eligible for this leave which pays around 55% of your gross (pre-tax) income. This leave cannot be taken intermittently once activated.
FMLA - This is a federal unpaid leave that can run up to 12 weeks, starting postpartum. The main purpose of this leave is to secure your job. You can take this leave intermittently within the first year of your baby's birth. This leave runs in conjunction with your 6-8wks postpartum PDL.
CFRA - This is a state unpaid leave that can run up to 12 weeks, starting after your PDL. This is the main distinction between it and FMLA. Otherwise it's essentially the same job protection but on a state level. You can take it intermittently in the first year of child's birth and it runs in conjunction with remaining FMLA and PFL (see next).
Paid Family Leave (PFL) - This is a state paid leave that can run up to 6 weeks, starting after your PDL. It can be taken intermittently within the first year of your baby's birth and runs in conjunction with FMLA/CFRA.
For all intensive purposes, I ignore the FMLA since the law was revised to start it at birth (it used to start after PDL, like CFRA). Since this is now the case, our CFRA is better than FMLA.
Sorry for the really long explanations for what really shouldn't be that difficult, but they make it so complicated! Fortunately, CA is one of the best state's for maternity leaves... unfortunately, the USA is one of the worst countries for maternity leaves. But we take what we can get, right?
)
Here's the layout of how my own leave works - this might help you understand how it all layers together.
~ Pre-birth - I did not have any known complications, so I was only intending to take 1 week out of my PDL. Never got to take that because...
~ May 29th, 30wks preggo - My daughter was born via emergency C-section. This started my 8wks PDL (paid 55%).
~ July 24th, 8wks later my PDL is over and I decide to start my 6wks PFL (paid 55%). I could choose to break it up, but I'm taking the whole thing. My 12wks unpaid CFRA starts in conjunction with my PFL.
~ September 4th, 6wks later my PFL is over. I still have 6wks unpaid CFRA left to take. I could choose to go back to work at this time and use the remaining 6wks during the 12mos after baby's birth, or take the rest of it now.
Again, sorry so long! Hope this helps. Feel free to send me a message if you have additional questions.
It took me a LONG time to figure out exactly what I'd be getting when I went on leave, but I finally figured it out & actually called today to 'initiate' my leave (which starts on Sept 8th). I can't wait to be off work!!!
Looks like most of the bases are covered by previous posters. Your company's HR rep should know what they're taking about, if they don't, ask for a supervisor until you get someone who's giving you the right answers!