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California - FMLA vs. Disibility question

BrandylynBrandylyn
in 3rd Trimester

I tried searching to see if anyone had posted this question before but I couldn't find it.

Is anyone in HR in California and understand how the FMLA/CFRA and SDI works?

I'm due Dec 14th.  Yesterday my doctor decided he wants me on bedrest for the duration of this pregnancy due to some contracions and possible pre-term labor. This means I'm going out on maternity leave 6 weeks before my due date.  It is my understanding that since I am leaving early for a medical reason it would be considered pregnancy disability and not count towards my 12 weeks of FMLA after the baby is born, correct? 

My HR is in a different state and apparently hasn't ever had to deal with a pregnant person in CA before so they have no clue.  I want to make sure my job is protected and that I am still eligible for 12 weeks of bonding time once the baby is born.

TIA for any help/information.

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Re: California - FMLA vs. Disibility question

  • textbookcasetextbookcase
    I don't know if things have changed in the past 6 years, but my doctor placed me on medical leave from work before I wanted FLMA to start and I was on pregnancy related disability for a few months before taking FLMA after dd2 was born. You should be able to take the disability while you're pregnant and the FLMA after the baby is born.
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  • BrandylynBrandylyn

    imagetextbookcase:
    I don't know if things have changed in the past 6 years, but my doctor placed me on medical leave from work before I wanted FLMA to start and I was on pregnancy related disability for a few months before taking FLMA after dd2 was born. You should be able to take the disability while you're pregnant and the FLMA after the baby is born.

     Thank you...that's what I thought.  Do you know if there is some different paperwork I need to fill out for disability vs. FMLA?  Does my doctor do that for me?

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  • authorofdreamzauthorofdreamz member

    imageBrandylyn:
    Thank you...that's what I thought.  Do you know if there is some different paperwork I need to fill out for disability vs. FMLA?  Does my doctor do that for me?

    There is separate paperwork you need to fill out you can find on the California state disability website and there is one page that has to be filled out by your doctor.

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  • yikeslady04yikeslady04

    ::::lurker stepping out::::

     I work in HR in CA.  Since you are being put out on disability due to your pregnancy you are on PDL (Pregnancy Disability Leave).  As long as your employer has 5 or more employees (and they are not a government agency) you are entitled to 4 months of PDL before or after your pregnancy for any pregnancy-related condition causing you to be disabled.  You can apply for SDI and I believe you can do that at edd.gov.  PDL is in addition to CFRA (California Family Rights Act).  CFRA gives you 12 weeks of baby bonding time.  There is no time requirement to qualify for PDL.  CFRA has the same time requirements as FMLA.  You must have 12 months of service with your employer and must have worked 1,250 hours during the 12 month period prior to the time your leave began.  CFRA and FMLA do run concurrently.  Once your doctor has taken you off of disability and you are in the baby bonding period you can apply for PFL (Paid Family Leave).  I believe you can get six weeks paid...but am not 100% sure.  Good luck!

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  • RNmommyof2RNmommyof2 member
    My doctors put me on disability at 8 weeks because I was having random bleeding and my employer wouldn't allow me to work with restrictions. My disability will end 8 weeks after my scheduled c-section. I can stay home and get another 6 weeks paid baby bonding (at the same rate as disability). From my understanding from what I've read on the EDD website, it automatically switches over from disability to baby bonding.
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  • BrandylynBrandylyn
    imageyikeslady04:

    ::::lurker stepping out::::

     I work in HR in CA.  Since you are being put out on disability due to your pregnancy you are on PDL (Pregnancy Disability Leave).  As long as your employer has 5 or more employees (and they are not a government agency) you are entitled to 4 months of PDL before or after your pregnancy for any pregnancy-related condition causing you to be disabled.  You can apply for SDI and I believe you can do that at edd.gov.  PDL is in addition to CFRA (California Family Rights Act).  CFRA gives you 12 weeks of baby bonding time.  There is no time requirement to qualify for PDL.  CFRA has the same time requirements as FMLA.  You must have 12 months of service with your employer and must have worked 1,250 hours during the 12 month period prior to the time your leave began.  CFRA and FMLA do run concurrently.  Once your doctor has taken you off of disability and you are in the baby bonding period you can apply for PFL (Paid Family Leave).  I believe you can get six weeks paid...but am not 100% sure.  Good luck!

     THANK YOU!!!!  That is exactly what I thought (and what I found in my research).  I just needed to hear it from an actual HR professional I guess.  I already received and completed the EDD form for SDI today (received from my doctor yesterday).  I guess they send it in for me.

     Thanks again for your help!

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  • BrandylynBrandylyn

    imageRNmommyof2:
    My doctors put me on disability at 8 weeks because I was having random bleeding and my employer wouldn't allow me to work with restrictions. My disability will end 8 weeks after my scheduled c-section. I can stay home and get another 6 weeks paid baby bonding (at the same rate as disability). From my understanding from what I've read on the EDD website, it automatically switches over from disability to baby bonding.

     

    Thanks.  That was my understanding too.  I just wish my severely inept HR department would do their own homework.   LOL

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  • Kristine SchillingKristine Schilling

    I didnt check all the replies before posting so I hope I am not repeating. :)

     

    My first pregnancy I was on bed rest for most of it. Disability handles you pre-delivery. After baby is born, you recieve 6 or 8 weeks disability for recovery. 6 weeks for VB or 8 weeks for CS. After that you can recieve 2 weeks of FMLA, Paid time off for bonding with baby.

    Be aware that the first week you are off work for disability you do NOT recieve pay. You will loose the first week of pay unless you make clear arrangments with your work to recieve PTO of some kind. If they pay you more than 1 week, or they forget and pay you a few weeks later it completly messes up your state disability.

    FYI: if you have health insurance through work, and they normally take your portions out of paychecks, be sure to contact HR to make payment arrangments to keep your health insurance active.

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