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California Maternity Rights

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Cali408

Junior Member
What is the name of your state (CALIFORNIA)?

Can anyone explain to me the difference between FMLA (12 wks), PDL (4 month), and CFRA (12 wks)? I am a first time mom working for a company for 5+ yrs with 100+ employees. I went to my HR to get more information about my maternity rights and was told some vague information that I'm not sure is even true. My HR told me they dont follow PDL (that that was for smaller co and that they abide by FMLA). Is this true?

Can anyone tell me in CA is FMLA and CFRA the same type of rule where companies can follow either one or the other? Or am I entitled to utilize FMLA 12wks and then CFRA 12wks?
 


pattytx

Senior Member
credit: Betty3


It's possible for an employee to get up to 7 mos. of job protected pregnancy leave in Ca. though all women will not qualify for the total 7 mos.:

In Ca. most female employees can take up to 4 mos. of leave for childbearing & pregnancy related disability (subject to med. certification that an actual disability exists) under the Fair Employment & Housing Act. The fed. FMLA & the state act are generally in alignment except in Ca. a woman can take a 4-mo. pregnancy disability leave followed by a 3-mo. fam. med. leave. This is the rare circumstance when leave under the FMLA & Ca. Fam. Rights Act don't run concurrently--FMLA leave will run concurrently with the 4-mos. of pregnancy disability leave, after which the Fam. Rights Act can be invoked for an add'l. 3-mo. leave. (for bonding)

An employee will not get the total 4 mos. of PDL (pregnancy disability leave) unless they are disabled for 4 mos. Also for FMLA & CFRA the requirements for them must be met.

While off on disability, an employee should get Ca. SDI (state disability insurance) to get paid while off on disability.

The PFL (paid family leave) pays employee while off on bonding leave.

Here is information on PDL specifically; your HR Dept. is wrong.
http://www.paidfamilyleave.org/learn/index.html
 

Betty

Senior Member
Here is information on PDL specifically; your HR Dept. is wrong.
Learn More
Patty, your link goes to a page on PFL (Paid Family Leave) - however,
you can get to a link on PDL (Pregnancy Disability Leave) from that
page/link you posted.

Yes, her HR Dept. is wrong.
 
Here's info on PDL: DPA - Benefits - Disability Leave Manual

You actually have to be disabled by pregnancy childbirth, or something related. Simply being pregnant or giving birth alone aren't considered disabling. A condition must arise, something more than just being pregnant or giving birth. You can stack FMLA on top of this and get up to 7 months off IF you're disabled for pregnancy/childbirth/related.

The purpose of PDL is to ensure the protection of pregnant women by making sure we have the same rights as anyone else when a disability arises.

A man can obviously not take PDL, but he can take FMLA for bonding too.

Just be prepared for the first FMLA payment to take a while. My daughter was born on the 3rd of the month, and we got the paperwork in a couple days later, then were told that check-date for that month was the 4th, so we'd have to wait another month to get a check. Well, there went Christmas. Well, not really, we had our miracle-baby we never expected to get to have, but you catch my point. It's not always a fast process, so plan on a month of no money coming in. I think that's the downfall for a lot of families, thinking that disability/FMLA will be a safety net, but not taking into account the tie it takes to get started.
 

Betty

Senior Member
FMLA runs concurrent with PDL (for childbearing & pregnancy related disability) (subject to med. certification that an actual disability exists). After PDL, employee can get 12 weeks. of CFRA for baby bonding.

FMLA has no payment - only SDI & PFL offer income.
 

ecmst12

Senior Member
Medically speaking, a mother is always disabled by childbirth. A natural birth with no complications will usually be a 4 week disability (though some people may choose to go back to work sooner, typically a doctor will tell you to stay home for at least 4 weeks). A c-section is more like 8 week disability. However unless there are complications, a doctor usually will not tell you that you HAVE to stop working any time before the birth. If you want to start your "disability" leave before giving birth, you will have to show a medical need for it, if you want to use PDL.
 

Betty

Senior Member
"Generally" an employee can get (what most doctors will certify as a pregnancy disability) 10 weeks for a normal delivery (4 wks. before delivery & 6 weeks after) - longer for a C section ("generally" 12 wks. - 4 before & 8 after) or can get even longer if disabled longer. After you are no longer disabled (after PDL), then you get baby bonding time under CFRA.

PDL is for disability caused by pregnancy, childbirth & related medical conditions. (This can include time off prior
to birth.)
 
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