What are mother’s rights for maternity leave?
California offers many benefits to expectant parents, including job security and partial income replacement, to help ease financial and emotional burdens during this time. Learning your rights and alternatives before you start maternity leave will give you the confidence you need, whether you’re a first-time mom or planning to have more children.
Maternity Leave Policy in California
Multiple federal and state statutes guarantee paid leave and job security for pregnant women in California. Expectant and new parents can get financial assistance through the California Paid Family Leave (PFL) program and the California State Disability Insurance (SDI) program while they connect with their newborn. The only thing that SDI and PFL offer is financial compensation; they don’t guarantee employment security.
The EDD in California is in charge of both of these programs. Pregnancy Disability Leave (PDL), the Family Medical Leave Act (FMLA), and the California Family Rights Act (CFRA) all provide for protected, unpaid time off before and after a child is born. You may rest assured that these plans will ensure your return to work after giving birth, to the same or a comparable position, if you qualify. In this post, we’ll go over who can qualify for these benefits, as well as what they are and how they can help you during your pregnancy, delivery, and bonding with your new baby.
Options for Paid Leave in California
As previously mentioned, SDI and PFL are two programs in California that help cover some of a mother’s lost income while she is on maternity leave.
1. Program for State-Sponsored Disability Insurance
Workers who are qualified and who are unable to work due to a non-job-related sickness, injury, or pregnancy can get partial income replacement under the California State Disability Insurance program. This scheme offers a wage replacement rate of 60-70%. When your doctor or other healthcare provider verifies that you are unable to perform the essential functions of your work and you start losing money as a result, you can start the disability insurance claim process.
Pregnant women can get disability insurance before they have a baby and even during the postpartum recovery phase. You are eligible to receive SDI payments for a maximum of four weeks before your due date. After a cesarean section or six weeks after a vaginal delivery, you will still be eligible for benefits. Depending on the severity of your pregnancy-related illness, you may be able to continue receiving benefits for an extended length of time.
2. Family Leave with Pay
If you or a family member needs time off to deal with a major illness or to bond with a new infant, you may be eligible for benefits via California’s Paid Family Leave program. Parents who have just welcomed a child into their family through adoption, birth, or foster care are eligible for the Paid Family Leave for Bonding benefit in California. You can switch your State Disability Insurance claim for pregnancy benefits to your Paid Family Leave benefits for bonding if you’re a new mom. For up to eight weeks of leave in the first year of the child’s arrival, PFL grants partial wage replacement (60-70%).
How to Get Paid Family Leave through SDI and PFL in California
Always verify your eligibility for benefits like Paid Family Leave and State Disability Insurance before submitting an application. In order to be eligible for SDI or PFL benefits, expectant parents must be either employed or actively seeking employment when their leave begins, and they must have paid into the SDI system 5-18 months prior to the start date of their claim. You are not limited in your eligibility depending on the number of years you have been employed or the size of your organization.
Insured status
Prior to your absence, you are required to have paid SDI taxes within the last 5 to 18 months. Your paycheck has these taxes subtracted from it automatically. Most paystubs will have the symbol “CASDI” to indicate this. You might be able to get benefits if you’re self-employed and have paid into the Disability Insurance Elective Coverage program (the “DIEC” on your pay stubs).
Immigration and citizenship
Pension and Social Security Income payments are available regardless of your immigration or citizenship status.
Instructions for Filing a California Paid Leave Request
A separate claim form must be submitted for both the SDI and PFL programs, either electronically or by regular mail. It is highly encouraged to submit a claim electronically to speed up the evaluation process.
Applying at the right time
Timely benefit applications are essential for State Disability Insurance and Paid Family Leave. You are required to submit your State Disability Insurance claim by the specified deadline for pregnant mothers: nine days after your leave begins and no later than 49 days following your disability. You will have more time to submit a claim if you are unable to work due to a pregnancy-related illness and must do so less than four weeks prior to your expected due date. Anyone who has recently become a parent has until 31 days after the start of their paid family leave to file a claim. Expectant mothers who were previously receiving State Disability Insurance will need to reapply for Paid Family Leave. After you’ve used up all of your Social Security benefits, you can start the Paid Family Leave application process.
Collecting the necessary information
Here is the information you’ll need to apply for benefits:
- Identification card number or valid California driver’s license
- Your full legal name
- Date of birth
- Social Security number
- Details of your most recent employer, including their name, phone number, and mailing address (as shown on your W-2 or check)
- When you last performed your regular or usual tasks (or when you started performing partial or modified duty)
Online claim filing
- To begin an online claim submission, go to your myEDD account, navigate to SDI Online, and then click on the “New Claim” button.
- Make sure to choose Disability Insurance when filing for pregnancy-related disability benefits.
- Choose Paid Family Leave Bonding as your application type and fill out the form according to the instructions.
- Claim for Paid Family Leave (PFL) Benefits—New Mother (DE 2501FP) is the form that new mothers who are transitioning from a disability-related pregnancy claim will see in their email once their SDI claim is closed.
Turn in all necessary paperwork
If you are a pregnant woman or a new mother applying for disability insurance, your doctor or other medical provider is required to provide a certificate verifying your anticipated due date. No later than 49 days from the start of your disability, you must have your qualified health professional submit the completed and signed certification form. Failing to do so may result in the loss of benefits.
It is necessary to submit a Proof of Relationship document together with a PFL claim for moms who have never filed an SDI claim before, new dads, and foster or adoptive parents. A birth certificate or official adoption paperwork might serve as proof of relationship. After a new mother’s disability insurance claim expires, she is required to file a fresh Paid Family Leave claim. Please do not include any further materials with your PFL application.
Recognizing Your Rights to Employment Security
During maternity leave, parents in California have strong work protection rights, which helps them feel secure in their job security as they welcome a new baby into their family.
Family and Medical Leave Act (FMLA)
For specific medical and familial reasons, the FMLA mandates that covered businesses grant employees leave. The qualified worker’s group health insurance remains active during this period just as it would have been in the absence of leave. When an employee’s leave is over, they must be restored to their original (or nearly equivalent) job. A new mother or father can take up to twelve weeks off work without losing their job thanks to the Family and Medical Leave Act (FMLA). The Family and Medical Leave Act (FMLA) applies to businesses with 50 or more employees for 20 or more work weeks each year. You can’t participate until you’ve been an employee for a year, put in 1,250 hours of service during that time, and you work for a company with 50 or more workers.
California Family Rights Act (CFRA)
Eligible workers in California are granted up to twelve weeks of job-protection leave every calendar year under the Family Rights Act. Just so you know, CFRA isn’t a replacement for wages or paid leave. Its main purpose is to ensure that workers may preserve the health insurance that their employers provided while they were on the job. After a child is born, adopted, or placed in foster care, CFRA is available to eligible employees. Remember that this act does not apply to pregnancy per se. It is the goal of the California Family Rights Act to protect workers who take a 12-week break to bond with their babies. There is no qualifying time for employees, and the statute applies to employers with five or more employees.
Leave for a Disabled Mother
PDL offers twelve weeks of paid leave for women who become pregnant or give birth. You are eligible to take time off before and after giving birth if you are unable to work due to a pregnancy-related illness or injury. If your employer usually covers your group health benefits, they will have to pay to keep them going during this time. This rule also mandates that companies provide appropriate accommodations for pregnant workers and consider transferring them to a less physically demanding employment if necessary. Any business with five or more workers is required to comply with this statute.
Is it possible to apply for SSDI while receiving state disability or paid family leave benefits?
The Social Security Administration offers a long-term disability compensation known as Social Security Disability Insurance (SSDI). The regulations provide that in order to be declared disabled, one must be able to prove that they are unable to engage in substantial gainful employment because of a severe disability that has persisted for at least twelve months, is likely to persist for at least another twelve months, or is likely to cause death. Anyone can qualify for Paid Family Leave benefits; disability is not a requirement. You might not qualify for SSDI unless your handicap really makes it impossible for you to work.
Consider applying for SSDI if you anticipate that your impairment will last longer than twelve months and are currently receiving payments from the State Disability Insurance program. In most cases, problems that arise during or after a pregnancy only last a short while. For as long as your doctor or other healthcare provider certifies that you are unable to carry out the essential functions of your employment due to an illness or injury, you can keep collecting from State Disability Insurance.
SDI has a 12-month maximum duration. You can’t get SSDI payments if your illness doesn’t last a year or more. Problems that arise after giving birth might sometimes last for a long time. As an example, postpartum depression might be a qualifying disability for SSDI in some limited instances. Seek the advice of a seasoned attorney to determine your eligibility for Social Security disability payments if you are unable to work due to a mental or physical condition.
