WORKPLACE LAW - Happily Awaiting New Arrival
Question:
A friend recently told me that I can take paid time off when my baby is born. She said this is different than just regular paid disability leave. I’ve heard about different kinds of pregnancy leave but am not sure what I am qualified for. Can you clarify this for me?
Answer:
There are several different types of leave and wage replacement benefits available for pregnant women who wish to take time off from work following the birth of their child. The provisions of these programs, which are mandated by various laws, can overlap and therefore tend to be very confusing for employees who are trying to determine what type of leave and/or benefits they may be entitled to.
Depending on the size of your employer, you may be eligible for time off from work under the federal Family Leave Medical Act (FMLA) and/or the California Family Rights Act (CFRA). However, you should note that these acts are intended only to provide job protection during your leave of absence, and do not provide for paid benefits or wage replacement during that leave. In addition, California employers with five or more employees are required to provide their employees with Pregnancy Disability Leave (or “PDL”), which provides unpaid leave and job protection for up to four months for an employee who is disabled on account of pregnancy, childbirth, or related medical conditions. Employees are entitled to reinstatement in their former position or a comparable one upon their return from PDL.
As you mentioned, state disability insurance (or “SDI”) does provide for partial wage replacement for eligible employees who are unable to work due to a medically disabling condition from pregnancy or childbirth. SDI typically provides for six to eight weeks of partial wage replacement following the birth of a child. SDI is funded through payroll deductions and is facilitated by the California Employment Development Department (“EDD”). Just as with other state-funded disability plans, SDI is paid at a rate that is determined by the individual’s regular rate of pay (i.e., the individual is paid a percentage of her regular salary or wage). You can find more information on SDI benefits on the EDD’s website: (http://www.edd.ca.gov/eddhome.htm).
In addition to the foregoing, employees in California who are eligible
for SDI benefits also have available to them the Paid Family Leave Insurance
Program. The Paid Family Leave (or “PFL”) program went into
effect on January 1, 2004, and employees became eligible to file claims
for benefits starting July 1, 2004. The PFL program, which is also facilitated
by the EDD, provides up to six weeks of partial wage replacement for
individuals—men or women—who wish to spend time with a new
child. This program is therefore commonly referred to as “baby
bonding.” Just as with SDI, partial wage replacement under the
PFL program is funded by state-mandated payroll deductions and is paid
at a percentage of the individual’s regular rate of pay. PFL that
is taken for “baby bonding” must be taken within one year
of the child’s birth, though it does not have to be taken all at
once and can be spread over a 12-month period if the employee wishes.
PFL is typically “tacked on” to the end of a new mother’s
disability leave of absence. As such, women who are collecting SDI benefits
following the birth of their child will automatically receive an application
for PFL benefits from the EDD when their pregnancy-related disability
claim ends.
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