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Northern California Babies
Pregnancy Disability Leave - What if baby's born late? (long)
Hello, I've found the Bump boards to be a huge help to me so far since this is my first pregnancy. I've been a lurker for a while - not sure why I haven't posted before, but now I could really use some help and I know you ladies are a wealth of information that I'm hoping you won't mind sharing :-).
I searched the boards and didn't see an existing answer to my question. Also, I tried talking to my HR rep, but he was more confusing than anything. And when I called EDD, the lady was so rude and unhelpful it was amazing.
Anyway, my understanding of leave in CA is that you generally get 6-8 weeks of Pregnancy Disability Leave after the baby is born (depending on
delivery type), followed by another 6 weeks of Paid Family Leave for
bonding.
Also, you can start your PDL up to 4 weeks before your expected due date. I found some web sites that make it sound like you get up to 4 weeks paid, which can translate into a total of 5 weeks of leave (should the baby arrive late) since the first week is an unpaid waiting period. Is that correct?
https://forums.studentdoctor.net/archive/index.php/t-308749.html
https://www.associatedcontent.com/article/69587/maternity_leave_in_california_understand.html?cat=25
For example, If you start PDL at 36 weeks, but the baby arrives late at 41 weeks, you would have been on leave for 5 weeks before the baby actually arrived. Since the first week is unpaid, do you get paid for the other 4 weeks?
Sorry for the long post. I appreciate any information or experiences you can share that can help clarify this whole thing. There's so much for a new mom to figure out!
This discussion has been closed.
Re: Pregnancy Disability Leave - What if baby's born late? (long)
From my understanding, if you take the 4 weeks prior to your EDD and the baby is late you would not be paid for the gap period between the prior to EDD payments and post delivery payments. Although this may be different if your doctor takes you off work...I believe there is additionaly paperwork they can complete for this.
EDD only makes you have one waiting period though, so if you take the 4 weeks off prior to EDD, you would have 1 week of unpaid time off (unpaid by EDD), but then once you have the baby you do not have to have another waiting period, nor a waiting period between SDI and PFL.
For example If you were to go out at 36 weeks and had your baby at 40 weeks your pay would be like this
36 weeks - no pay "waiting period"
37-40 weeks paid by EDD (part of 4 weeks eligibility prior to EDD)
40 weeks SDI starts (assuming you have your baby this day)
6 weeks of SDI
So by going out at 36 weeks you would be safe if baby came at 41 weeks, you would get the entire 4 weeks paid (since the first week was unpaid).
Does that make sense?
6 Weeks of PFL
Yes, you get paid up until you deliver, regardless of how early or late you deliver (if you choose to take the 4 weeks prior to your due date). It doesn't affect your time post delivery. Even if baby is late, you still get the 6-8 weeks disability after and the 6 weeks PFL.
Huh, I had no idea. Yet another reason to take the 4 weeks prior to your EDD.
It is my understanding that your doctor has to "sign" you out for those 4 weeks (which is really however long you wait for your baby, be it 2 days or 6 weeks). Your doc decides with input from you.
I can tell you that when I was pg, I was put on modified bedrest at 30w5d, had my one week waiting period (which was paid from my employer as sick leave), then collected pregnancy disability leave from CA EDD through my delivery at 38w5d (they paid for 7 weeks exactly), then collected postpartum disability leave for 8 weeks (cesarean delivery) and THEN 6 weeks paid family leave. I had one unpaid waiting period for three separate portions of leave.
My experience was the same as everyone else it looks like.
I had a 1 week waiting period without pay, and then was covered from week 37 until I delivered. I happened to deliver ON my due date at exactly 40 weeks, but it is my understanding that I would have been covered even if I carried longer.
Then I had 6 weeks PFL and 6 weeks SDI back to back. So 12 weeks total of roughly one half my usual pay.
Oh, and be prepared to possibly wait more than two weeks to get your first check. It took 6 weeks for my first check to arrive
It was rough. I wasn't expecting that big of a delay.
I thought that the 4 weeks before the baby was born were "use it or lose it" weeks. That you couldn't just wait and take the 4 weeks + 6/8 weeks + 6 weeks PFL after the baby was born?
The weeks before baby ARE use it or lose it and there is not a defined benefit time. Most women can be signed out by their doc 4 weeks before, others will OPT not to be signed out in advance at all, and others will go out much earlier and still get the full benefit for the full amount of time they are disabled until baby is born. Waiting to use it after the baby is born does not get you more time from the CA EDD, though it might help you if your employer has time restraints on how long you can be out of work and still keep your job (which is a WHOLE other matter). CA EDD does not count going out "early" against the time you are entitled to take after your child is born.