Hi, I'm new to handling maternity leave and I'd like to give my employee the correct information. Please let me know if I understand this correctly:

- 4 weeks before EE's due date, she can go on CA SDI
- After due date, EE gets 6 weeks of SDI (8 if c-section)
- During this 10 weeks (12 if c-section), the FMLA is applied
- Afterwards, she can apply for 6 weeks of baby bonding under PFL.

This is where I'm confused. If the EE gives birth naturally, she'll get 10 weeks of SDI/FMLA, can she use the 2 weeks when she's receiving PFL? or does CFRA kicks in with PFL only?

Thanks so much for all your help :D

Although a woman will typically be considered disabled 4 weeks prior to the due date, SDI is not available at a set time. If the doctor puts the EE out on disability earlier than that, she qualifies then. If the EE wishes to work until her due date and the doctor is ok with that, then SDI doesn't kick in until she goes out on disability.

Same line of thought applies for SDI after birth. Typical time is six weeks. Doctor can have her out longer if her recovery takes longer. This is especially true with C-sections.

FMLA can be applied at any time the EE requires leave for pregnancy/medical related reasons. FMLA would be taken during the time she was disabled.

If the EE chooses to use PFL, and has not used up any PFL time for other qualifying reasons earlier, then yes the EE could elect to take up to 6 weeks of PFL. This leave is unprotected leave. There is no requirement that the EE take any or all of the available PFL after she is no longer disabled.

Your confusion regarding maternity leave is valid. Here is where the confusing part comes in. In CA, Pregnancy Disability Leave is separate from CFRA. Therefore in your scenario the EE could elect to take an additional 12 weeks of unpaid leave after no longer being disabled. Any remaining FMLA time would run concurrently with the CFRA time. The EE could elect to receive PFL for qualifying CFRA and/or FMLA time. CFRA is also independent of Paid Family Leave.

I have similar questions as Marga and would just like a little more clarification.

I understand that the employee is entitled to:
SDI - State Disibility Insurance (State) - [4 weeks before due date; 6 weeks after date of delivery...assuming a normal pregnancy/birth]
PFL - Paid Family Leave (State) - [12 weeks within 1 year of date-of-birth]
CFRA - California Family Rights Act (State) - [12 weeks within 1 year of date-of-birth]
FMLA - Family and Medical Leave Act (Federal) - [12 weeks within 1 year of date-of-birth]

Is it a true statement to say that SDI and FMLA can run concurrently?

And that CFRA and PFL can run concurrently after SDI is exhausted?

And if SDI is less than 12 weeks (such as in the case of a normal pregnancy/birth) that the FMLA would then run concurrently with CFRA and PFL?

(FYI - The company I work for has between 50-100 employees.)

SDI - I don't like referring to SDI in terms of weeks since it really isn't defined by timeframes. You are eligible for SDI for the length of your disability. The doctor determines that. "Normal" pregnancies are hard to define.

PFL - Wrong abbreviation. PFL is Paid Family Leave, which is 6 weeks of unprotected paid leave through the EDD. What you are referring to is PDL (Pregnancy Disability Leave). It is not within one year of birth. It is protected unpaid leave for the length of your disability due to pregnancy, up to 4 months.

FMLA - 12 weeks that typically begins the day that you are out on leave. Tons more detailed than that one sentence description, but it answers your question.

CFRA - Similar to FMLA but is the CA version. Since PDL covers the disability portion during a pregnancy, CFRA typically will not start until after PDL is finished. For other issues, CFRA may run concurrently with FMLA.

It is likely that SDI and FMLA would run concurrently. SDI is a state function, FMLA is a federal function. They are independent of each other, so they do not consider the other in their usage.

I think those answer your questions.

I hate California maternity questions. :p

I know SDI is for Disability but is it true that you don't have to have your doctor approve or claim you disabled to get the first 4 weeks prior to delivery paid? It is only the 6-8 weeks after that your doctor needs to claim you as medically unable to return to work???

Anyone?

Would you start your own new thread, please. You posted to an old thread from 7-07 - it gets confusing for the posters when you do that. Thanks.