I am eligible for 40 days of 100% paid maternity leave (called Extended Leave of Absence) through my company and a total leave (both paid and unpaid combined) of 4 months.
I delivered 7 weeks before my due date and had a c-section. I filed for SDI and received 8 weeks of paid disability. My HR person says that the 8 weeks of SDI I am receiving is my 40 days of maternity leave the company allows. What I don't understand is then why bother applying for SDI when the company was going to pay 100% of my maternity leave anyways? I thought SDI is in addition to the maternity leave of what the company offers. I don't want to get short-changed on my time off or have to use vacation/sick days to get more time off if I don't have to.

What state are you in? Is your leave covered by FMLA? That will help us respond. In advance of that, however, let me say that disability payments are not another form of leave -- they are the way in which a person gets paid while on leave. The amount of time that a person is eligible to receive disability does not necessarily extend the amount of time that they are eligible for leave.

I am in California.
My company allows me to take up to 12 weeks of unpaid leave under FMLA and CFRA. The 12 weeks begin at the start of my pregnancy leave. During the 12 weeks of unpaid leave I can apply for the California Paid Family Leave benefit.

We do have posters here who are much more familiar with California law than I am. Hopefully, one of them will be along soon to respond.

Frequently, the company has you apply for SDI, and then supplements to bring you up to 100% of your income.

If you worked there more than a year, worked 1250 hours in the last year, and the company has more than 50 employees within 75 miles, you are eligible for 20 weeks (with 8 weeks paid through SDI, 6 weeks paid through paid family leave, and the rest unpaid).

Thank you for responding to my question.

My HR person did not say I had to apply for SDI to get the time off but that I get the 2 months off because that is the company maternity leave policy.

Another issue came up - my HR person says that my maternity leave begins the day I cannot work, regardless if I am at bedrest or go into labor. If I am at bedrest shouldn't that be a part of my disability leave vs. maternity leave?

Do you meet the guidelines I listed earlier as far as eligiblity for CFRA?

Your pregnancy disability leave (PDL) begins the day you are disabled by pregnancy and cannot work, regardless of whether this is because of bedrest, labor, or just having swollen ankles that your dr wants you to rest. It usually lasts until 6 weeks after your baby is born (8 weeks with a c-section).

If you meet the CFRA guidelines, you get an additional 12 weeks.

I can't tell you what your company's maternity leave covers - that depends on the company's policy.

I tell ya, Megan, every time somebody mentions California in this particular forum, I cringe. I am SO glad you're here to answer these questions. To me, it's as clear as mud. :rolleyes:

There is an easy wat to clear things up. First, move to CA. Then, get pregnant. You will then be motivated to research it. ;)

Seriously, that is how I found out most of this- even most employment lawyers don't really understand how all the laws work together, but I got pregnant between taking the bar and finding out results, so I was very motivated.

Unfortunately, I am of an age where that is not really a viable solution! ;)

Seriously, Megan, pretty much a physical impossibility for me as well. :)

If I work for a small business of 11 employees in California, how does the maternity leave work? Do I just get the standard 6 week leave time or can i get any extra time?

If I work for a small business of 11 employees in California, how does the maternity leave work? Do I just get the standard 6 week leave time or can i get any extra time?

Please start your own thread instead of hijacking a long dead one.

AAP has now started her own new thread.

If your company doesn’t give you maternity leave you can get SDI. You have to get the SDI first then you can get the family leave act next. You would get about 80% of what you make not for sure. You can call the EDD office and they can tell you. I hope that helps. I leave in CA as well, but my company pays my maternity leave.

Jacob, to whom are you responding? The original poster has long since gone, since she started the thread in 2006. And if it's to the hijacking poster, family leave is not available when the employer has only eleven employees.