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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 using 17 1/3 weeks of leave for pregnancy disability before the child is born and then taking an additional 12 weeks of leave for bonding with the new baby after the baby's birth.
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 pregnancy disability leave and FMLA running concurrently, followed by up to 12 weeks of CFRA leave for baby bonding after the birth of the child.
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 the:
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 she is disabled, and for up to eight weeks of PFL benefits during the CFRA leave for baby bonding.
This chart reflects the leave available when an employee uses all their PDL/FMLA before the birth of the child. An employee may remain disabled at the end of PDL and request additional time off. In this situation, you must engage in the interactive, reasonable accommodation process under California’s Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA), which may result in providing additional leave as a reasonable accommodation. The employee may take CFRA leave for baby bonding at any time after the child is born. The baby bonding must be completed during the 12 months after the birth of the child.
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 but there is no waiting period for PFL benefits. This chart is assuming the employee was no longer disabled immediately upon the birth of the child. Generally, however, a physician will certify the employee as disabled for a certain period after childbirth, typically six weeks. In that situation, the employee would continue receiving SDI for the employee's own disability after the child's birth and then PFL.