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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:
This example shows an employee taking eight weeks of leave for pregnancy disability and then 12 weeks for bonding with the new baby after the employee is no longer disabled by pregnancy.
Pregnancy Disability Leave (PDL)-, and California Rights Act (CFRA)- covered employers include those with five or more employees, and Family and Medical Leave Act (FMLA)-, covered employers include those with 50 or more employees. Eligible employees must meet all of the following:
PDL and FMLA may run concurrently for up to 12 weeks. The pregnant employee may be eligible for PDL/FMLA when the employee is unable to perform the essential functions of the employee's job because of:
Additionally, PDL and FMLA cover absences for prenatal care and serious conditions such as severe morning sickness. An employee may also be eligible for up to 52 weeks of SDI when the employee is disabled, and for up to eight weeks of PFL benefits during the CFRA leave for baby bonding.
This chart reflects PDL/FMLA running concurrently for eight weeks. Once the employee's health care provider has released the employee to return to work, the employee will be eligible for up to 12 weeks of CFRA for baby bonding. In this example, the remaining four weeks of FMLA run concurrently with CFRA.
Keep in mind that employees cannot receive PFL and SDI at the same time. This chart reflects the employee receiving SDI benefits during the employee's pregnancy leave and then PFL during baby bonding. While there is typically a seven-day waiting period for SDI benefits, there is no corresponding waiting period for PFL benefits.