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Pregnancy Laws in California

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Puddy99

Guest
What is the name of your state?What is the name of your state? California

I am an employee in the state of California. My parent company is headquartered in Boston (where the HR dept. resides). I am 30 weeks pregnant and have many questions regarding maternity leave however I feel that my employer has zero knowledge on PDL, CFRA and PFL and has been largely unhelpful and extremely negligent in getting back to me in what I consider to be an appropriate amount of time. This has made trying to find out information extremely difficult--I've done most of the research on my own and I believe that some of their information (what little they have provided) is incorrect. They do have a policy of 8 weeks paid at 50%. I enlightened them to the fact that in CA, I am eligible for up to 28 weeks maternity leave and that I would like to utilize the new PFL act after my paid maternity leave through them expires. They have told me that I cannot utilize the PFL Act after my paid maternity leave. I believe that to be incorrect according to the description of the law. From my research, I should qualify for Pregnancy Disability Leave (PDL) up to 4 months and FMLA (to run concurrent with PDL) at 12 weeks. During this time, my company's payment policy would be in effect for 8 weeks. When PDL runs out, I should be able to apply for CFRA and during that, I should be able to apply for PFL. Does this sound correct? I am also wondering if I should apply for SDI insurance in CA and use that instead of using my company's maternity policy? SDI insurance is paid on a regular basis whereas my employer's policy is to withold all payment until employee is back at work for two weeks. This could be financially crippling if I plan on using the above acts to extend my leave. Any light you could shed on the above would be helpful as I'm getting nowhere with my employer at this time.
 


patricia1

Junior Member
I can help. PDL is pregency leave once you have the baby you are not pregnant. You are on maturity leave recoverying from delivery. I just had my 3rd child in May 04 & was affected by the new changes. Your employer will only pay you the difference in what the state SDI doesn't pay you. Keep in mind the SDI will pay you for 4 weeks before delivery & 6 weeks maturity leave or 8 weeks if C-section. This income is not taxable the difference will be paid by your employer but only for the time they allow. And since no taxes are being removed from the SDI checks will actually bring your net pay higher. After your disability ends you have a total of 6 weeks of bonding with your child you can take but this income is taxable & the checks will be the same as the SDI checks. SDI should automatically send you a short form for the California Paid Family Leave. FYI you have 88 day of PDL once that runs out you can use FMLA. Keep in mind FMLA should only be used after all your PDL is used up. You might need FMLA to protect your absence after the baby is born & you need to provide care.
 
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cbg

I'm a Northern Girl
I didn't respond to this question because I'm not familiar with the new CA laws, but if I were the OP I'd be wary of taking as gospel the word of someone who spells maternity, maturity. Common sense should indicate that there is an "n" in the word.

I'm also by no means sure that she is correct that FMLA doesn't need to be implemented until the state leave is used up. In most states, they can and do run concurrently. (Although I will grant that if any state allows you to run them consecutively, it would be CA.)
 

socalgman

Junior Member
What about CFRA?

How does the CFRA fit into this? I understand that it is Californias version of FMLA. I also understand that Paid Family Leave (PFL) is a wage replacement statute and not a 'leave' statute and that PFL needs to be taken concurrently with FMLA or CFRA. Assuming that I'm eligible for CFRA and PFL, what would be the best way for me to structure time off to maximize my time with my child before I have to return to work?

I was thinking:

8 Weeks Paid Disability (c-section)
6 weeks PFL (running concurrent with FMLA)
and then what? CFRA??? or -- should the PFL run concurrent with CFRA instead? Sigh... why do they make this so hard?

If I've made any spelling mistakes (user: cbg) please forgive me in advance.

Thanks!


patricia1 said:
I can help. PDL is pregency leave once you have the baby you are not pregnant. You are on maturity leave recoverying from delivery. I just had my 3rd child in May 04 & was affected by the new changes. Your employer will only pay you the difference in what the state SDI doesn't pay you. Keep in mind the SDI will pay you for 4 weeks before delivery & 6 weeks maturity leave or 8 weeks if C-section. This income is not taxable the difference will be paid by your employer but only for the time they allow. And since no taxes are being removed from the SDI checks will actually bring your net pay higher. After your disability ends you have a total of 6 weeks of bonding with your child you can take but this income is taxable & the checks will be the same as the SDI checks. SDI should automatically send you a short form for the California Paid Family Leave. FYI you have 88 day of PDL once that runs out you can use FMLA. Keep in mind FMLA should only be used after all your PDL is used up. You might need FMLA to protect your absence after the baby is born & you need to provide care.
 

cbg

I'm a Northern Girl
I don't see any, but if there are any I've missed, you are forgiven.

I don't generally comment on spelling or grammar errors - anyone can make a typo occasionally. I've made my share. I just have trouble with someone setting themselves up as an expert when she can't even manage to get all the obvious consonants into the defining word of the subject she is claiming to be expert in.
 

BelizeBreeze

Senior Member
patricia1 said:
PDL is pregency leave once you have the baby you are not pregnant.
Really? Then I suggest you inform ARNIE of this because he would be very concerned.

On Sept. 23, 2002, former California Governor Gray Davis signed Senate Bill 1661 into law. The bill established Family Temporary Disability Insurance, which is now referred to as Paid Family Leave (PFL). PFL extends disability compensation to cover California employees who take time off work to care for a seriously ill child, spouse, parent, or state-registered domestic partner, or to bond with a new minor child due to birth, adoption, or foster care placement. This benefit is limited to California-based employees.

Beginning Jan. 1, 2004, the disability tax rate increased by an additional 0.08 percent to cover the new program. PFL benefits are available for eligible claims beginning on or after July 1, 2004.
 

pho

Junior Member
Dear CBG

You are rude, and if you want to post something, post something worth reading.
 

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