california PFL question - caring for mom

[thebazookajoe]

Hey guys,

I'm currently in a tough situation. My mom is hurting with chronic nerve back / shoulder pain. I would like to use CA PFL to care for her over the next couple of months.

I want to start my leave on March 16. It takes about 3-4 weeks for the state to approve the claim. If its approved, I understand I would be paid retroactively. However, if the claim is rejected, we will be caught in a very tough position.

I live paycheck to paycheck and most of what I save goes to my parents so they can live. If the claim is rejected, I'm looking at 3 weeks worth of lost wages. I know 3 weeks doesn't seem like much, but it is huge for us.

I'm leaning heavily towards applying for PFL starting the 16th. I want to be there for my mom.

I guess my question is, is there any recourse if the claim is rejected? And how likely are they to reject a claim?

You advice / help would be appreciated.

Thanks

Anna

[Betty3]

Here is information explaining the Ca PFL for you. If you have any specific questions after reading it, please let me/us know.

Paid Family Leave

Effective July 1, 2004, employees who were otherwise eligible could begin filing claims with the state under California’s Paid Family Leave law (PFL). A component of the State Disability Insurance program (SDI), PFL provides up to six weeks of wage replacement benefits to employees who take leave to care for a seriously ill child, spouse, parent or domestic partner or to bond with a new child. Cal. Unemp. Ins. Code §§ 3300-3305.

Employees do not have to work a certain number of hours or days to be eligible for PFL. If employees pay into SDI, they are eligible for paid leave; the size of the employer’s workforce is not relevant. There is, however, a 7-day waiting period before benefits start.

No more than six weeks of benefits shall be paid in any 12-month period. According to the EDD, the leave can be taken intermittently. For bonding with a baby, the leave must be taken within a year of the birth or placement.

PFL benefits are for leaves taken following the birth of a child of the employee or the employee’s domestic partner, or the placement of a child for adoption or foster care with the employee or the employee’s domestic partner. PFL benefits will also be paid if the leave is taken in order to care for a parent, spouse, domestic partner or child (of the employee, spouse or domestic partner) with a serious health condition.

***PFL does not create new leave rights, nor does it change FMLA or CFRA; instead, for qualifying leaves, it provides a paid benefit. A leave under PFL runs concurrently with FMLA and CFRA, assuming the requirements of all laws are met and the employer is subject to FMLA and CFRA.***

A person is not eligible for PFL if he or she is receiving unemployment compensation, workers’ compensation or state disability insurance benefits. A person is not eligible for PFL “with respect to any day that another family member is able and available for the same period of time that the individual is providing the required care.”

[HR/DisMgr]

Just to relieve your mind--I have NEVER had any of my employees rejected by PFL. I get 8-10 claims per month.

As long as her dr says she needs a primary caregiver, you should be fine.

Good luck to you and your mom...