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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 17 1/3 weeks of time for pregnancy disability and then 12 weeks for bonding with the baby after the employee is no longer disabled by pregnancy.
Covered employers under CFRA include those with five or more employees and under FMLA, those with 50 or more employees. Eligible employees must meet all of the following:
This leave is designated as PDL and FMLA running concurrently, followed by up to 12 weeks of CFRA leave for baby bonding after the employee is no longer disabled by pregnancy.
The pregnant employee may be covered by PDL and FMLA when the employee is unable to perform the essential functions of the job because of:
Additionally, PDL and FMLA cover absences for prenatal care and serious conditions such as severe morning sickness. An employee may be eligible for up to 52 weeks of State Disability Insurance (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 the total amount of time available to an employee who is pregnant and eligible for FMLA and CFRA. While the employee may be eligible for up to four months (17 1/3 weeks) of PDL, the employee's health care provider determines the actual amount of time that the employee is considered to be disabled by the pregnancy, childbirth or related medical condition.
Keep in mind that employees cannot receive PFL and SDI at the same time and that there is typically a seven-day waiting period for SDI benefits; however, there is no waiting period for PFL benefits.