Woke up at 4:00am this morning and thought I would finally get some straight facts on maternity leave and disablity leave ion CA. I have been asking around about leave info only to find that most people don't fully understand what they are talking about so here is what I have found out during my am research (and yes i actually read the entire statute).
FMLA (federal job protection)=12 work weeks in 12 month period off (if related to pregnancy or taking care of a new baby) job protection it is UNPAID , to find out if you qulify visit the department of wage and labor's website or ask your HR dept.
CFRA (CA state job protection)= 12 workweeks in 12 month period off also unpaid job protection. usually if you qualify for FMLA you will also qualify for CFRA but in some cases if you don't qualify for FMLA you may still qaulify for CFRA again talk to your hr dept if you qualify or go to the california labor website.
here is the big thing to note. FMLA and CFRA run concurrently EXCEPT if you take pregnancy disability leave (up to 4 weeks before birth and 6 weeks after (for vaginal delivery) your FMLA will start concurrently with your pregnancy disability leave. CFRA only starts after the birth of your child!. so if your due date is april 29th you can go on disability leave after your 36th week and your fmla will start then. if you have the baby on 4/29 or around you only get 8 weeks (2 months) left of fmla but CFRA will give you and extra month becuase remember it starts after the birth. hope this is all not too confusing.
PDL=pregnancy disability leave (state implemented wage replacement program) you can receive up to 55% of your wage (disabilty office will explain how they get the number if you call) for 10 weeks total= for 4 weeks before birth and 6 weeks after (vaginal) or 8 weeks (c-section). this 10 weeks is only for normal pregnancy you can get more depending if dr writes a note for longer ie bedrest.
once PDl is over you are eligable for PFL which is another state implemented wage replacement program (not sure the rate) 6 weeks total for purpose of bonding with a new child. this will start when the PDL ends (usually once disabiltiy benefits are over you get a form in the mail asking if you want to apply for this benefit.
so you have about 16 weeks you can get paid depending if you go on pregnancy disabilty leave or 12 weeks you can get paid if you take your fmla/cfra leave right when you deliver.
I am not an attorney nor do I work in HR but did extensive research for myself. If you have any questions about this I highly suggest calling the state or federal labor department in your area.
Re: CA maternity leave info
Also, something worth noting: Not everyone in CA pays into the state disability insurance plan which means you may not qualify for state wage replacement.
For example, I do not pay into CA SDI because I work for a local government. This means my short term disability is based on a plan through my employee union (and it turns out, it sucks major!)
You may take state pregnancy disability as early as four weeks prior to your due date (for normal pregnancy) all you need to do is fill out the disability form (my doctor has them in the office i would ask yours if she/he does too). the pregnancy disabiltiy will pay you for the 4 weeks before dleivery and 6 weeks after delivery (if vaginal delivery) or 8 weeks after deliver (if c-section). once the 6 weeks after is over the disability office will automatically send you the form for paid family leave which will begin after your pregnancy disabiltiy is over. then you apply for paid family leave (bonding not related to pregnancy) this will pay you for the next 6 weeks. does this help clafify it?
yes sooooooooooo much, thanks a million!