I don’t know how this happened, but I’m already on the tail end of my maternity leave! As I’ve been on this journey with baby #2, I’ve gotten a TON of questions about maternity and family leave. It’s the most confusing topic ever - I swear they make it hard on purpose so mamas don’t take everything they’re entitled to, which just makes my blood boil! I’ve had to do a LOT of research to make sure I am able to speak to my rights with my employer. I really had to advocate for myself this time around and it’s definitely not easy to navigate when you’re recovering from birth and caring for a new baby - it’s an unfair added stressor on a new mom. So I’m going to share ALL my research on California parental leave with you right here so you have it in the palm of your hand!
*Please keep in mind that most of this information is specific to the state of California as of 2022*
To start, let me summarize all the BASIC amount of time off you get to take if you are eligible:
- 4 weeks disability before your due date
- 6 weeks disability for vaginal delivery OR 8 weeks disability for C-section
- 12 weeks of baby bonding leave
TOTAL (vaginal delivery): 22 weeks
TOTAL (c-section delivery): 24 weeks
To file your claim, go to https://edd.ca.gov. Once you’ve recovered from delivering your baby and you’ve received your final disability payment, you’ll automatically receive the form to file your paid family leave claim for baby bonding.
Okay, now let me break all that down for you - pay, job protection, and eligibility.
First, let’s talk about all the TIME OFF WITH PAY that you are eligible for. Your pay depends on your annual income - approximately 60-70% of your salary that you earned in the 5 to 18 months prior to the first day of your pregnancy disability claim (they call this the “base period”). Basically, they calculate a year’s salary starting 5 months before the start of your leave. This pay is untaxed, so don’t be too taken aback by only getting 60-70% of your salary!
CALIFORNIA STATE PREGNANCY DISABILITY BENEFITS:
(This provides monetary benefits ONLY, not job protection)
- 4 weeks disability before your due date (continues until you deliver, meaning you will continue to be paid until the baby is born even if it is past your estimated due date)
- 6 weeks disability for vaginal delivery OR 8 weeks disability for C-section (however, your doctor may certify you to a longer disability periods before or after delivery if there are medical complications and if you are unable to perform your normal job duties - the maximum time for pregnancy disability leave is 4 months)
CALIFORNIA STATE PAID FAMILY LEAVE (PFL) BENEFITS:
(Also known as baby bonding leave and this applies to moms AND dads! This provides monetary benefits ONLY, not job protection)
- 8 weeks family leave
TOTAL PAID LEAVE: 18 WEEKS (minimum - it could be longer depending on your specific situation! Again, the maximum is 4 months.)
Now let’s talk about WHO IS ELIGIBLE FOR PAID LEAVE.
DISABILITY & PFL ELIGIBILITY:
- Unable to do your normal job duties
- Have lost wages because of pregnancy-related disability/bonding with a new child for PFL
- Employed or actively looking for a job at the time your disability begins
- CASDI deductions have been taken out of your paycheck during the base period and you earned at least $300 during that period
- Be under the care of a doctor/practitioner and have them complete the medical certification
So, if disability and PFL only provide monetary benefits, WHAT ABOUT JOB PROTECTION? This part is a little confusing, especially if you live in CA. I will do my best here to make it less confusing!
FAMILY AND MEDICAL LEAVE ACT (FMLA) - all states
- Federal legislation that allows employees to take unpaid, job-protected leave
- 12 weeks of leave in a 12-month period (the clock on this starts as soon as you are out of work on leave)
- You are eligible if:
- You work for an employer with at least 50 employees
- You have worked for your employer for at least 12 months
- You have worked for your employer for at least 1250 hours in the 12 months prior to your leave
- You must work at a location where your employer has at least 50 employees within 75 miles of your worksite
CALIFORNIA FAMILY RIGHTS ACT (CFRA)
- State legislation that allows employees to take unpaid, job-protected leave
- 12 weeks of baby bonding leave in a 12-month period (the clock on this starts after you complete your pregnancy disability leave; you can receive 8 weeks of paid leave as notated above plus 4 additional weeks unpaid)
- You are eligible if:
- You work for an employer with at least 5 employees (yes, FIVE!)
- You have worked for your employer for at least 12 months
- You have worked for your employer for at least 1250 hours in the 12 months prior to your leave
If you live in CA, the legislation is more generous than FMLA, so you can essentially “ignore” FMLA. This part can get very confusing if you work for an employer that has employees all over the country like mine does. This is why it is so important to read the laws and be able to advocate for yourself.
TOTAL JOB-PROTECTED LEAVE: 22 WEEKS
That’s about 5.5 months minimum! If you have medical complications that require you to be on disability for a longer period, your MAXIMUM amount of total time off for disability + bonding is about 9 months. Plus, you don’t have to take your baby bonding family leave consecutively! You can either take it all at once OR break it up however works best for your family, as long as you use all your bonding time by your baby’s first birthday.
I hope this was helpful for all you expecting and brand new mamas! This is something you should NOT have to stress about, yet is so commonly a big stressor! If you have any questions or if I can support you in any way, my DMs are always open on IG @ailana.j
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