Hi everyone. We are new here. My wife has worked for her employer, who employees about 200, for almost 5 years and we are expecting our first child in March. Her employer is forcing her to take all the sick leave during her SDI time off. Can her employer do that? Can they also require her to take the vacation time? We are confused by the provision in Ca DI, CFRA, and PFL.

Thanks.

First of all, SDI is not leave it is income replacement. Why is she off now?

She is taking time off to prepare for the new born. I think under california law, she can take off as early as 4 weeks before her due date.

Did a doctor take her off work or did she decide to take off on her own to fix up the nursery and such?

My understanding is that the employer can require her to use her sick time during her Pregnancy Disability Leave, but not vacation time. However, after her PDL, if she continues on leave under CFRA (for bonding), the employer may not require her to use sick time, but may require her to use vacation time.

I don't know for a fact if it is a law in California, but my Fiance had our child and she was to use her vacation time in place before SDI kick in. Find out from Human Resource or talk to an EDD worker.

I've been reading up on SDI as well as asking my other co-workers what they did for maternity leave..your wife can stop working at 36 weeks (4 weeks before birth) under the SDI rules however, it takes about a week to kick in so there will be a week without pay.. many employers will advise you to use your vacation/sick time during those 5 business days so you don't lose a week without pay.

And just in case you needed this information, I believe you can take up to 6 weeks after giving birth SDI THEN an additional 6 weeks PDL for a total of 12 weeks AFTER giving birth.

I am not sure if all that information is correct but that's what our company allows. You may look into your wife's comany policy to get more information on what they allow.

jcmt2033 hasn't checked in so he may be gone. However, to clarify in CA, if one qualifies for FMLA/CFRA/PDL, it runs like this:

PDL starts when the ee is no longer able to work, and can be up for 4 months. This is for the disability only. It does not allow for bonding time.

FMLA can run concurrently with PDL. It is for 12 weeks and can be for the ee's disability due to the pregnancy and bonding.

CFRA is the kicker. It specifically excludes pregnancy as a serious health condition, and so it never, ever runs concurrently with PDL, although it may with FMLA (if there is any remaining time under FMLA after the ee no longer needs PDL). So after the ee has their full release from the pregnancy, they usually have another 12 weeks for bonding. (The only time that this would not be true if if the PDL expired prior to birth, then the CFRA could begin at birth).

Oh yes, and CA has its own paid bonding time issued by the state. It is PFL, not to be confused with PDL. You have to love CA and its kindness toward pregnant employees!