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View Full Version : What paid disability am I entitled to? California


rupachristy
05-26-2006, 11:35 PM
Today is May 26th and I am currently 33 weeks pregnant. I have been placed on bedrest since April 20th due to preterm labor. Even though my bedrest precautions will be lifted when I am 35 weeks pregnant, my doctor does not want me to return to work as a physical therapist before the baby is born. I applied for state disability and received my first check today. I understand for NORMAL pregnancies, state disability will pay you uptil 4 weeks prior to delivery and 6 weeks after delivery. How long will they pay me since this is NOT a normal pregnancy? Will they pay me uptil the point I deliver and then 6 weeks afterwards? Can I still get Paid Family Leave after the state disability runs out? What is the difference between Pregnancy Disability Leave and Paid Family Leave? Is PDL and state disability the same thing?

Also, my husband will take some time off when the baby is born to help me recover and bond with the baby. Can he qualify for state disability benefits or just Paid Family Leave?

I was actually very sick in November from pregnancy and my husband took one month off to care for me and our toddler. His work told him that he only qualified for FMLA (unpaid leave). However, it has come to our attention that he could have claimed PFL at that time. Is it too late to claim it now since we were misinformed? Does PFL ever make exceptions to claims deadlines?

Any help is appreciated. Thank you.

tdpass1
05-28-2006, 09:38 PM
Congratulations on your pregnancy. The main thing is to focus on having a healthy child. Here are the answers to your questions:

1) SDI will pay you for as long as the doctor verifies you are disabled as a result of your pregnancy or post-pregnancy condition. Don't worry about normal conditions.

2) You can still get Paid Family Leave when your disability ends.

3) Pregnancy Leave is more about the time you can take off from work and the rights that you have protected with your job. State disability is the money you get from the state (provided that you qualify) for actually being disabled and unable to work for a period of time. They are related, but not the same thing. One can get SDI and not be pregnant.

4) Your husband would not be able to qualify for SDI since he is not disabled. He would be able to claim FMLA for as long as you are disabled. He will be able to take up to six weeks of PFL to bond with the baby. The difference is, his job will be protected under FMLA, but NOT under PFL.

5) I don't believe that you can retroactively apply for PFL. I would wait for a second opinion to confirm that. There is no harm in just taking the entire PFL time once the child is born. I would recommend waiting until then. PFL is only for a maximum of six weeks. Just wait and have it when it counts.

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