Getting Paid California Parental Leave
Many new parents consider taking maternity leave in order to spend time with their growing family. However, most maternity leave laws (California included) protect unpaid leaves – complicating the decision for many new parents in the workplace. Here’s how to get a paid maternity leave in California.
Temporary Disability Pay
While pregnancy itself is not considered a disability, pregnant employees may face impairments related to pregnancy that are covered under the federal Americans with Disabilities Act (ADA). The ADA ensures that employers provide reasonable accommodations to pregnant employees dealing with pregnancy-related conditions. Reasonable accommodations can include paying employees during a pregnancy-disability leave if the employer would pay employees on disability leave for non-pregnancy/birth-related conditions.
An employee may file a claim at the SDI Online page using Form DE 2501, Claim for Disability Insurance Benefits. One can request to have it mailed to their physical address from the SDI website.
State Disability Insurance
The California State Disability Insurance (SDI) Program provides eligible employees short-term Disability Insurance (DI) and Paid Family Leave (PFL) benefits. One is eligible for State Disability Insurance if they are currently unable to work due to pregnancy, childbirth, or other non-work-related illness or injury. Employee may be eligible for PFL if they intend to:
- Care for a gravely ill family member
- Bond and care for a new child
One must create an SDI online account to begin this process.
California Paid Family Leave
In California, new mothers may be able to receive a California Paid Family Leave (PFL). If new mothers receive pregnancy-related Disability Insurance (DI) benefits, they may be eligible to receive up to eight weeks of Paid Family Leave when their DI claims end. A Paid Family Leave provides new parents with up to 8 weeks of benefit payments, within the 12 months of the child’s birth. The maximum weekly salary is $1,300.
There is no need to file a separate application for PFL benefits. Claim for Paid Family Leave (PFL) Benefits – New Mother (DEE 2501FP) will be sent to eligible new mothers once their pregnancy-related DI benefits end.
Citizenship and immigration do not affect one’s eligibility for California Paid Family Leave.
Related: Parental Leave Laws in California
Accrued Paid Time Off
If the employee is willing, they may use their own vacation or sick days towards their maternity leave. In California, employers may even require their employees to use their accrued paid leave when pursuing a pregnancy-related leave.
Related: Paid Maternity Leave for Federal Employees
FAQs About Getting Paid Maternity Leave in California
Are employers required to pay their employees during maternity leave?
No. In California specifically, employers are not required to provide employees with paid maternity leave.
Related: Maternity Leave Laws in California
Will my company provide me paid maternity leave?
It depends. Some new parents may be eligible for a paid maternity leave or family leave program because their private employers offer to do so. Check in with your employer and review your employee handbook for more information.
Contact Us
If you or a loved one is seeking to get paid maternity leave in California, get your free consultation with one of our Employment Attorneys in California today!