x/p Maternity leave, laws, oh my!
I posted this on the nest NorCal board before realizing it was not the bump!
I need some light on this. I work for a large national company, not based in CA. When asking about leave I was told that I can take the 8 wks my company policy allows for, paid at a % with STD. Then I can take 4 more wks unpaid to total 12 wks of FMLA. Company leave and maternity leave are to be taken concurrently. Then I can tack on vacation time. End of story.
I was under the impression that FMLA and STD are not to be one and the same. I also thought that vacation time must be exhausted before FMLA starts. And of course, HR mentioned nothing about the CA Paid Family Disability Leave, which my understanding is it is another 6 wks paid similar to unemployment in this state.
What's the real deal? I am far more concerned about how much time is paid v. unpaid, I just want the max amount of time with my baby.
Re: x/p Maternity leave, laws, oh my!
It is all totally confusing. But alot of it is overlapping.
FMLA is a federal law that covers job protection for those employed at companies of more than 50 people. It protects your job while on leave. It doesn't pay you.
Short-term disability is pay while you are disabled by pregnancy and is paid at a percentage of your base pay. The state program is run by EDD and pays for some time pre-baby when certified by your doctor, and then 6 weeks after a vaginal birth or 8 weeks after a cesarean.
CA has a Paid Family Leave program also run through EDD, that pays the same rate as STD for you to bond with a new child for 6 weeks. Dads are eligibile too.
The STD and PFL program run back to back for a total of 12 weeks or 14 weeks (for cesarean) for moms.
Your company may have a paid maternity leave program and that program usually overlaps with the STD program. Mine paid the difference in my salary for 8 weeks, then I was able to use my vacation time to pay the difference between PFL and my base pay and then use vacation pay for however long I wanted to be out past that.
STD and FMLA can be taken concurrently and your employer can require they be concurrent. Vacation time does not need to be exhausted prior to taking leave; however your employer may choose to require that you exhaust sick/vacation time while on leave.
The 8 weeks your company provides would run at the same time as the 6 weeks the state of California provides (provided you pay into CA SDI...do you?). In this case, you'd receive the 55% from California SDI, and your pay from your company's short term disability insurance would be reduced. So, say your company's policy provides you with 65% of your pay during your leave. If you get 55% from California, your short term disability insurance will only pay you the 10% difference.
In terms of the time off, you aren't looking at 8 weeks paid STD from your company, and then an additional 6 weeks paid from California, because there is a specific time period post pregnancy when you are considered disabled (6-8 weeks pp) and that's why you're receving disability pay. You aren't receiving maternity leave pay.
California also has the Paid Family Leave act, which is paid at the same rate as the short term disability. You receive 6 weeks at 55% of your salary and can take it right after your SDI leave. That puts you at 12 weeks paid. This is also taken concurrently with FMLA if your employer requires that.
It looks like your employer will allow you the 12 weeks off, and whatever vacation time you have accrued up through your delivery.
I would call EDD yourself to clarify but I agree with PP's explanations.
Here's what I'm doing. I get 6/8 disability postpartum. State pays a portion. My company pays the rest for six weeks, so I get 100% pay for 6 weeks. THEN my FMLA leave kicks in for an additional 12 weeks of job protection. The first 6 weeks of that I receive partial pay from the state for baby bonding. So it looks like my company does not take both leaves concurrently and yours does. That's why I say call EDD to see if they have that option. I honestly don't know. My sick time will be used up during leave. I have the option to use vacation time during FMLA but no requirement. So I would ask EDD about that too because I've always understood vacation time in CA to be compensation and therefore they can't force you. But again, I'd say check with EDD.
FMLA and STD can and usually are used at the same time. FMLA isn't pay it just ensures your job and makes your employer pay their portion of your benefits while you are out.
I took a total of 4 months off, I used the FMLA and STD/PFLA at the same time and then used Vacation to cover the last 4 weeks.