Complete Labor Law Poster for $24.95
from, includes
State, Federal, & OSHA posting requirements


No announcement yet.

Maternity Leave - CA California

This topic is closed.
  • Filter
  • Time
  • Show
Clear All
new posts

  • Maternity Leave - CA California

    I work in Retail Management so I'm on my feet alll day long. My due date is Feb 18th and because of my work I am taking my leave Dec. 5th. My doctor said that I'm not eligible for disability until I'm 36 weeks along. I dont mind taking a month of unpaid leave (between Dec 5 and when my disability kicks in). But .... does anyone know if I leave before my 36 weeks if this will affect my disabilty leave pay? ANY info would be greatly appreciated!

  • #2
    I don't believe that is true. I recommend you check out this link:

    And then contact the EDD if you have questions. I was put on bedrest at 32 weeks and I was still able to get all of my leave. The only problem is that you only get 6 weeks. I think your doctors was thinking that if you were on leave any sooner than 36 weeks, you would be out of leave by the time you delivered your baby and wouldn't have any left after the birth.

    However, when I took leave (2001) you didn't have to take all of the leave at once. I was able to prorate my leave (in CA SDI is paid leave) and use it along with paid leave from my employer so I had time left after my son's birth. In order to qualify, you do have to be put on leave by your doctor. Is your doctor saying you need to stop working and stay off your feet or is that your choice?

    Talk with the EDD immediately so you can plan this out. Keep notes of who you speak and when so if there are any questions later you have at least documented who you were working with.

    Good luck and congratulations!


    • #3
      (in CA SDI is paid leave)
      Not so fast. You're confusing leave and how a person gets paid while they are on leave.

      SDI is not another form of leave; it's how a person gets paid while they are on leave when they are medically disabled. Paid Family Leave (PFL) is how a person gets paid when they are on leave to bond with a new baby.

      The California Family Rights Act (CFRA) and the Pregnancy Disability Leave Law (PDLL) are what provides additional time off that are over and above what an employee in another state might be able to get under the federal Family and Medical Leave Act.

      I think that OP's doctor may be thinking that most women don't need to take off work until the very end. I can understand why the OP might not want to work during the Christmas rush while she's pregnant, but nothing in her post indicates that she will be medically disabled at the time that she goes off work. For that reason, I would suggest that she contact the EDD to clarify.
      I am not able to respond to private messages. Thanks!


      • #4
        Thanks, Marketeer, you're right. That's what happens when I post late at night.


        The forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on are opinions and suggestions of members and is not a representation of the opinions of does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.