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Use the leave interaction information and timeline below to help determine the relationships among the various state-mandated leaves of absence and benefits during time off.
The types of leave and benefits include:
Pregnancy Disability Leave (PDL) applies to employers with five or more employees. Employees are eligible for PDL when they are disabled by pregnancy, childbirth or a related medical condition. An employee has up to four months (one-third of a year equaling 17 1/3 weeks) of protected leave.
The California Family Rights Act (CFRA) applies to employers with five or more employees. Eligible employees must meet all of the following:
CFRA provides eligible employees with up to 12 weeks to bond with a new child within one year of the child's birth, adoption or foster care placement.
PDL and CFRA do not run concurrently. Therefore, an employee cannot begin to use CFRA until the employee is no longer disabled by pregnancy. CFRA cannot begin until PDL ends.
While this chart reflects an employee taking CFRA after the employee is no longer disabled by pregnancy, keep in mind that employees can choose to take CFRA at any point within the 12 months following the child's birth, adoption or foster care placement.
Employees may be eligible for up to 52 weeks of State Disability Insurance (SDI) while on PDL. Employees may also be eligible for Paid Family Leave (PFL) benefits for a maximum of eight weeks while on CFRA. SDI and PFL are wage replacement benefits; they are not a protected leave of absence.
CFRA is unpaid, however, employees must be allowed to use accrued vacation pay, paid sick time, other accrued paid time off or other paid or unpaid time off negotiated with the employer.
Keep in mind that employees cannot receive PFL and SDI at the same time and that there is typically a 7-day waiting period for SDI benefits. However, there is no waiting period for PFL.