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Paid disability leave

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rupachristy

Junior Member
What is the name of your state? CA

My husband was planning on taking 6 weeks of paid disability leave when our baby is born (due July 9th). He recently found out that he will be let go of his job on July 31st due to downsizing. Can he still take the 6 weeks or does he have to be employed at the time he is taking the benefits?

Thank you.
 


JETX

Senior Member
rupachristy said:
Can he still take the 6 weeks or does he have to be employed at the time he is taking the benefits?
Of course he can take the six weeks off. In fact, his employer is giving him the chance to take as much time off as he wants.... and can afford.
If you are asking does the employer have to pay him.... the answer is NO.
 

cbg

I'm a Northern Girl
CA is one of the few states where there is a state plan. However, I'm not familar enough with the details to say if it will still pay after he is no longer employed.

Now THIS question you might want to post over on the other board, if you haven't already, where our CA attorney gurus might see it.
 

JETX

Senior Member
ACTUALLY, the California law for paternal family leave is entirely employee-funded and state administered. If the employee is enrolled for that coverage, it is provided by the state and not through the employer. As such, his employment status should not affect the availabilty of those funds.
Needless to say though... he will likely NOT be eligible for both paternal leave AND unemployment at the same time. In fact the 'paid family leave' funds come from the state UI program... so the issue of paid family leave is moot from his date of unemployment.

http://www.edd.ca.gov/direp/pflfaq1.asp
 

cbg

I'm a Northern Girl
Thanks, Jetx; the laws of my own state are so confusing I try to avoid CA whenever possible!

We're probably going to have our own paid family leave law by the end of the current calendar year, and then I'll REALLY get confused!
 

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