California Law-Leave a month prior to due date

jdsummerbaby

Hi,

 I've heard that in California we are entitled leave 4 weeks prior to due date and can get paid by SDI. Is this true? I've had a couple co-workers say yes and even my OBGYN office says so but my HR is saying that never heard of this and its wrong. Am i getting this mixed up? Does anyone have a website where i can locate such leave? Below is a website and the first question is what im referring too? I even showed it to my HR but she still denies. Am i getting mixed up?

My HR keeps advising me that I only get 12 weeks and that if i take off 2 weeks prior i will not be paid and the 4 weeks that I am referring to doesnt exist.

https://www.edd.ca.gov/Disability/FAQ_DI_Pregnancy.htm

 

superherostocker

Sorry I dont have a source to give you right now to show HR but yes, you are correct. You are entitled to leave 4 weeks prior to your due date and getdisability. I left work with LO #1 two months early because my job was too demanding and when i hit the one month before my due date my disability kicked in. I tried to get it earlier but they wouldnt let me, I was told the max was 4 weeks prior. Keep fighting them. It is your rigt to take time off. You also have a right to take three months off and they have to hold your job and position open for you. My job tried to screw me on that one but it is CA law.

superherostocker

and yes that is the correct website. Like you said the first question tells you that you get four weeks off prior to your due date. I would call the better business bureau and report them. Get them to back you up. I am a little curious as to where you work and why they dont know the California state laws...

Karibride

Sorry, haven't posted in FOREVER. But yes that is correct. Today is my last day of work 4 weeks before my due date. The first 7 days of your leave are not covered by SDI. Do you work for a small company or something? It's odd that an HR person in CA would not know SDI info.

znianiswan

and yes that is the correct website. Like you said the first question tells you that you get four weeks off prior to your due date. I would call the better business bureau and report them. Get them to back you up. I am a little curious as to where you work and why they dont know the California state laws...

 

 

 

marleysimon

Hi-

I'm in the same boat b/c I am in NJ and they have the same law.  I am now two weeks out and still working because, even though I could start receiving disability ahead of the birthdate, the 12 weeks leave my company allows for would start running.  In other words, the company can set how much leave you get (12 weeks) and the fact that the state allows you to go on leave early doesn't mean the company has to give you beyond the 12.  It's just shifting it earlier.  That's my understanding anyway.

 

MrsJerseyJets

I am in NJ too, so maybe it is similar?  I know that in NJ we get up to 4 weeks disability prior to due date, but that is the state's policy if you were to collect from it.  Your company may have it's own disability or maternity policy that may not follow the state plan.  I think that is where you are running into your problem.  While you are entitled to the SDI in CA, it doesn't mean that your company has that same policy for maternity.  You have to weigh what is best for you and when you want to be paid!

Andreabks

just be aware that some laws are dependant on the size of your company.  for example FMLA is only required on companies with 50 or more employees, for less its completly optional.

GL!  i'm in CA and because i'm "technicaly" a temp (payroll service employee) i only get 6 weeks of SDI as we can't afford for any time completly unpaid.

leahbrazil

It depends on if your company pays into state disability or not. I'm in CA and my employer does not, therefore they are required to provide thier own Short Term Disability, the terms will vary by employer. My employers STD is total crap compared to SDI but there is no changing that. It's pretty sad that my DH's employer provides better paternity leave than the maternity I will get. Oh well.

Christina_Diane

I wasn't able to do this. As a teacher, I don't pay into social security or SDI so I am not eligible to receive either benefits.

I do however have a private disability plan that I pay into that enabled me to leave work whenever my doctor decided to write me off. My doctor was willing to put me on disability at 36 weeks, but I stayed on until 38 because spring break was at 37 weeks for me.

The 12 weeks you are referring to is probably FMLA, which is only 12 weeks regardless of when you take it. So, while you may be able to take 4 weeks off beforehand, it may shorten the time off with LO depending on your company's maternity leave policy. 

dani2480

First of all, get everything in writing with your company. Start conversing about this through emails, and save those emails. If they continue to deny you what you are legally entitled to, it's illegal and you can sue (an acquaintance's sister recently reached a settlement with her employer -- a large firm in CA -- because they illegally fired her while she was on maternity leave, and is going to be getting a settlement in the 8 figures!)

In CA, you are entitled to the following (assuming you don't work for a government agency -- some of the below doesn't apply to government workers):

Pregnancy Disability Leave (PDL) - This includes 4 weeks prior to your due date (this time is "use it or lose it", so you can't take any of it after the baby is born). It also covers 6 weeks post delivery (for vaginal), or 8 weeks if you have a c-section (with the potential for longer, up to 4 months total including the pre-baby time, if your doctor extends your disability for medical reasons). However, your employer must have 5 or more employees. PDL will reimburse you up to 55% of your pay (this is paid through SDI, which you pay for with your taxes/paycheck). Your employer does not pay for this leave, the state does. You will need to have your doctor sign you off on disability to qualify. PDL protects your right to return to the same job (and runs at the same time as FMLA).

Paid Family Leave (PFL) - Also known as bonding leave. This entitles you (and your husband) to up to 6 weeks off to bond with your new child. Can be taken immediately after your PDL time has been used up, or can be taken sporadically over a 12 month period. The state will also reimburse your pay, up to 55%, for PFL. Your employer does not pay for this. It is paid for through EDD (the same people who pay for unemployment). You also pay for this through your taxes. PFL does not protect your job while you are using it -- it only offers wage replacement. Also, the first week you take on PFL won't get paid (just like with unemployment), but you can use unused vacation time through your employer to get paid during that unpaid week of PFL.

FMLA - This is a Federally mandated program that protects your job and benefits for 12 weeks during a 12 month period. In order to qualify your employer needs to have at least 50 employees within a 75 mile radius of where you work. You also need to have been at your employer for at least 12 months and worked at least 1,250 hours. FMLA does not reimburse any of your pay -- it only guarantees continuation of your benefits, and that you will be returned to either the same job, or a comparable job with comparable benefits/pay/etc. (so, they can't demote you because you're out on FMLA). Can be used during pregnancy as well, for prenatal visits and pregnancy complications (e.g. if you have severe morning sickness for a while, and can't work).

CFRA - This is the CA version of FMLA. Works pretty much the same as FMLA (so, see above). CFRA only kicks in once PDL is used up though. CFRA also doesn't cover time off during the pregnancy (just time after the baby is born, to cover care of the child/baby bonding), whereas FMLA will cover time off during the pregnancy.

 

The thing to realize is that the first two, PDL anf PFL are wage replacement programs. The second two are about protecting your job and benefits. FMLA/CFRA generally are running at the same time as PDL/PFL. 

Here's an awesome pdf that helps explain things (and that you can and should show your employer). It's directly from the Fair Employment and Housing Commission... so I'd like to see your employer claim that it's wrong (and if they do, again, get their denial in writing!). You should email that file to your HR department.

Also, does your employer offer an extra disability leave program as part of their benefits? Some employers do... and if they do, they're required to allow you to use that towards pregnancy related disability time, just as if you had any other disability. They cannot change the rules because it's a pregnancy thing (that's illegal discrimination).

This all took me a while to sort out (I started researching it, and fighting with my HR department -- who is located in Boston, and thus not super familiar with CA laws -- back in December. 

Here are some other great links I found helpful (and that you may also wish to share with your employer):

https://www.working-families.org/network/pdf/Expecting_Better_Report.pdf (Scroll down to page 23 for CA specific info -- but the whole report has a lot of enlightening info).

https://employment-law.freeadvice.com/employment-law/employment-law/california-disability-pregnancy-leave.htm

https://www.paidfamilyleave.org/

https://www.working-families.org/network/other_resources.html (A whole bunch of interesting articles here)

 

 

 

 

 

xtina05

Your HR rep is probably mixing up FMLA with Disability. The 4 weeks prior is state disability (for pregnancy). It doesn't have to do with FMLA just yet. You will continue onto disability leave (6 for vag delivery, 8 for c-section). When your disability ends, you can take Paid Family Leave for an additional 6 more weeks. 

Also, California now has CFRA ( California Family Rights Act) which entitles you to an additional 12 weeks leave after FMLA is used up. This is an unpaid leave, but your employment and benefits are secure.

https://www.dfeh.ca.gov/res/docs/publications/DFEH-188.pdf 

 

In other words, you have a crap ton of time... The PDL (4 weeks prior to due date) is a use it or loose it deal. So use it while you can! 

luvmygoofyguy

dani2480:

First of all, get everything in writing with your company. Start conversing about this through emails, and save those emails. If they continue to deny you what you are legally entitled to, it's illegal and you can sue (an acquaintance's sister recently reached a settlement with her employer -- a large firm in CA -- because they illegally fired her while she was on maternity leave, and is going to be getting a settlement in the 8 figures!)

In CA, you are entitled to the following (assuming you don't work for a government agency -- some of the below doesn't apply to government workers):

Pregnancy Disability Leave (PDL) - This includes 4 weeks prior to your due date (this time is "use it or lose it", so you can't take any of it after the baby is born). It also covers 6 weeks post delivery (for vaginal), or 8 weeks if you have a c-section (with the potential for longer, up to 4 months total including the pre-baby time, if your doctor extends your disability for medical reasons). However, your employer must have 5 or more employees. PDL will reimburse you up to 55% of your pay (this is paid through SDI, which you pay for with your taxes/paycheck). Your employer does not pay for this leave, the state does. You will need to have your doctor sign you off on disability to qualify. PDL protects your right to return to the same job (and runs at the same time as FMLA).

Paid Family Leave (PFL) - Also known as bonding leave. This entitles you (and your husband) to up to 6 weeks off to bond with your new child. Can be taken immediately after your PDL time has been used up, or can be taken sporadically over a 12 month period. The state will also reimburse your pay, up to 55%, for PFL. Your employer does not pay for this. It is paid for through EDD (the same people who pay for unemployment). You also pay for this through your taxes. PFL does not protect your job while you are using it -- it only offers wage replacement. Also, the first week you take on PFL won't get paid (just like with unemployment), but you can use unused vacation time through your employer to get paid during that unpaid week of PFL.

FMLA - This is a Federally mandated program that protects your job and benefits for 12 weeks during a 12 month period. In order to qualify your employer needs to have at least 50 employees within a 75 mile radius of where you work. You also need to have been at your employer for at least 12 months and worked at least 1,250 hours. FMLA does not reimburse any of your pay -- it only guarantees continuation of your benefits, and that you will be returned to either the same job, or a comparable job with comparable benefits/pay/etc. (so, they can't demote you because you're out on FMLA). Can be used during pregnancy as well, for prenatal visits and pregnancy complications (e.g. if you have severe morning sickness for a while, and can't work).

CFRA - This is the CA version of FMLA. Works pretty much the same as FMLA (so, see above). CFRA only kicks in once PDL is used up though. CFRA also doesn't cover time off during the pregnancy (just time after the baby is born, to cover care of the child/baby bonding), whereas FMLA will cover time off during the pregnancy.

 

The thing to realize is that the first two, PDL anf PFL are wage replacement programs. The second two are about protecting your job and benefits. FMLA/CFRA generally are running at the same time as PDL/PFL. 

Here's an awesome pdf that helps explain things (and that you can and should show your employer). It's directly from the Fair Employment and Housing Commission... so I'd like to see your employer claim that it's wrong (and if they do, again, get their denial in writing!). You should email that file to your HR department.

Also, does your employer offer an extra disability leave program as part of their benefits? Some employers do... and if they do, they're required to allow you to use that towards pregnancy related disability time, just as if you had any other disability. They cannot change the rules because it's a pregnancy thing (that's illegal discrimination).

This all took me a while to sort out (I started researching it, and fighting with my HR department -- who is located in Boston, and thus not super familiar with CA laws -- back in December. 

Here are some other great links I found helpful (and that you may also wish to share with your employer):

https://www.working-families.org/network/pdf/Expecting_Better_Report.pdf (Scroll down to page 23 for CA specific info -- but the whole report has a lot of enlightening info).

https://employment-law.freeadvice.com/employment-law/employment-law/california-disability-pregnancy-leave.htm

https://www.paidfamilyleave.org/

https://www.working-families.org/network/other_resources.html (A whole bunch of interesting articles here)

 

 

 

 

 

dani has best explained it. Good luck!