CA State Maternity Leave

JH516 · October 2011

CA Mommies to be - how much time are you taking off? EDD website says up to 4 weeks prior to due date and up to 6 weeks after delivery. (more if your doctor puts you out for longer) AND I have my 12 week unpaid FMLA leave with my company...so I guess a total of up to 22 weeks for me. 24 if I have a c-section. Is it right that the CA law maternity leave and FMLA 12 weeks my company allows don't coincide with each other?

JH516 · October 2011

You can apply for disability

https://www.edd.ca.gov/disability/FAQs_for_Disability_Insurance.htm#Pregnancy

birdie9927 · October 2011

Hmm. This is not my understanding - I believe they run concurrently and your job is only guaranteed for 12 total weeks of absence. But I'm not 100% sure and you should check with your HR person.

I'm taking 12 weeks. I have short term disability, which will pay starting when the OB signs me out (so probably 6-8 weeks). After that point I will apply for the CA paid family leave benefits.

Jshort914 · October 2011

NJ has something similar but I think the disability and the FMLA run concurrently so it's still 12 weeks

birdie9927 · October 2011

lilnightmusic - I'm curious as to why you don't qualify for benefits? Do you not pay into SDI at work? If you do then you are likely eligible.

https://www.edd.ca.gov/disability/FAQs_for_Paid_Family_Leave.htm#Eligibility

talitha712 · October 2011

My understanding is that FMLA runs concurrently with any other leave. This is what protects your job while you are gone, but is not a guarantee of more time off. After 60 working days, your job is no longer protected. I know for me, this means I lose insurance coverage, even though my contract states I can take up to a year off after birth. Check with your employer, but I would be surprised if it's 12 weeks in addition to other leave.

Kirsten.In.NH · October 2011

I administer FMLA for a living, and while we don't have a ton of employees in CA, I can tell you that the CFRA allows you 12 weeks of leave AFTER your period of disability (6 weeks for vaginal delivery, 8 weeks for C-Section). How much is paid I'm not sure - we don't get involved with that part. But from a job protection perspective, you should be entitled to the 6/8 weeks + 12 weeks. Most times, state laws are concurrent with FMLA, and while CFRA does run concurrent with FMLA for a time, it gives you more than FMLA alone.

caramel hottie · October 2011

for pregnancy, FMLA and CFRA do not run concurrently. You get 12 weeks FMLA and 12 weekfs CFRA, unpaid.You get 6-8 or more STD during FMLA and 6 weeks PFL, plus any vacation/sick time during CFRA.

Ninasama · October 2011

birdie9927:
lilnightmusic - I'm curious as to why you don't qualify for benefits? Do you not pay into SDI at work? If you do then you are likely eligible.

https://www.edd.ca.gov/disability/FAQs_for_Paid_Family_Leave.htm#Eligibility

I think she meant that she doesn't get paid for maternity leave. I'm a teacher and maternity leave is basically unpaid.

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