Question for CA moms (regarding mat. leave)!

Okay, so this is my first child and first time going through this. I work for the State of CA, so I qualify for PFL, FMLA, and CFRA with SDI & EDD compensating. I get the whole nine yards, but there's one thing I'm lost on and need clarification on before making a decision as to when my last day at work will be.

This is my understanding of how it will work...

I'm due on 3/13/13. If my last day at work is 36 wks exactly, I will begin the 7 day SDI waiting period (with no pay) on 2/13/13. I will begin earning SDI pay on 2/20/13 and will continue to earn that SDI pay until she's born, regardless if she's on time, early, or late. Is that correct?

That's my biggest question here. If I go out of work at exactly 36 weeks and she's, let's say 2 weeks late (hypothetically), will I be paid through SDI for that "extended" time? Will I be paid from 2/20 until she's born on 3/27 (if she's 2 weeks late)? My fear is that I will be cut off from SDI pay once they've paid for 3 or 4 full weeks (meaning 3/13 or 3/20).

Strangely enough, I work in HR and have asked my supervisor about this (who is supposed to know all this stuff) and she didn't even know that you could be written out at 36 wks. SERIOUSLY? So she was of no help. I've tried calling SDI and EDD to get clarification, but they're lines are ALWAYS sooooo busy that they say they can't take any more callers and it just says "Goodbye" and hangs up on you.

Any info and/or experiences with this will be EXTREMELY helpful and appreciated. Thanks!

This is a legit concern of mine because my OB keeps telling me I'm probably gonna have her a week or so late and my mom had both me and my sister over a week late.

You only get that certain time, regardless of when your kid is born

I don't think you will get the "extended time" if she is late.

As far as I know it is not extended. I know fmla is a total of 12wks, if you take 6 before baby is born you'll only have 6 left after baby is born.

You only get paid for 6 weeks but you can take up to 12 depending on how long and how many hours you've worked for a company. So you will receive money for 6 weeks starting from the last day of work. At least I think so, I'm pretty sure that how mine worked

From what I'm reading its available 4wks prior and up to 6wks after but only if you are not getting fmla pay at the same time. Any way you can just stay at work a couple weeks longer?

Quoting Kelly&Coralie:" You only get that certain time, regardless of when your kid is born I don't think you will get the "extended time" if she is late."

Then why is it customary for your doctor to write you out of work at 36 weeks? That's what's confusing to me. Why would they write you out if you're perfectly healthy and you're only alotted 3 weeks of SDI pay and if she's late, you've either gotta get no pay for however late she is, go back to work, or use your accrued leave to supplement?

I can't seem to find a straight answer anywhere other than what people think. And EDD and SDI are IMPOSSIBLE to get a hold of. I'm so frustrated.

Quoting Spencer Pratt:" As far as I know it is not extended. I know fmla is a total of 12wks, if you take 6 before baby is born you'll only have 6 left after baby is born."

I'm not worried about FMLA at all. We get CFRA to run after FMLA runs out. And our jobs are protected regardless of FMLA or CFRA. It's just that I'd have a break in health benefits if I ran out of the two, which I'm not concerned about that happening.

I'm only concerned about the SDI pay.

Quoting Mamas 1144:" You only get paid for 6 weeks but you can take up to 12 depending on how long and how many hours you've ... [snip!] ... will receive money for 6 weeks starting from the last day of work. At least I think so, I'm pretty sure that how mine worked"

Are you talking about from my last day of work or from when she's born? It sounds like you mean from when she's born.

Quoting Tανη [CNL]:" Then why is it customary for your doctor to write you out of work at 36 weeks? That's what's confusing ... [snip!] ... a straight answer anywhere other than what people think. And EDD and SDI are IMPOSSIBLE to get a hold of. I'm so frustrated."

It's NOT customary for your doc to write you out of work at 36 weeks.

Everyone I know has worked until 39 weeks or until they went into labor. If you are having a fine pregnancy, there is no reason to leave work that early

Quoting Kelly&Coralie:" It's NOT customary for your doc to write you out of work at 36 weeks. Everyone I know has worked ... [snip!] ... until 39 weeks or until they went into labor. If you are having a fine pregnancy, there is no reason to leave work that early"

Maybe it's different in New York, but in California, it's customary. My coworker just went through all this last year. She was customarily written out of work at 36 weeks. Unfortunately, her son was also born the next day (unexpectedly), so she never figured out if she would've continued to get SDI pay if he were late. I'm fairly certain that the NY customs and laws are different than here. The basics are the same, but there are many differences. I've read that it is GREAT to be a pregnant woman in California because of our maternity leave rights here.

OP, you will get disability regardless of whether they are late. Then you'll get 6 or 8 weeks after the birth of the baby.

I chose to work until 2 weeks before my due date but was told I could go out 4 weeks before and they would pay up until the birth (minus the 7 day waiting period) and then 6 or 8 weeks after (for disability).

Quoting Spencer Pratt:" From what I'm reading its available 4wks prior and up to 6wks after but only if you are not getting fmla pay at the same time. Any way you can just stay at work a couple weeks longer?"

But you're not paid by FMLA. The only thing FMLA does is protect your job and health benefits.

It seems like some of you may be confused as to California’s process (which is really why I was hoping to get some CA moms that had been through this), so here’s the info I’ve gathered. The italicized stuff is word for word from Kaiser California docs.

California Maternity Leave
"California law allows working mothers to begin maternity leave at 36 weeks of pregnancy regardless of whether or not they have paid into the SDI fund through payroll deductions. From the actual delivery, the law allows for an additional six weeks (vaginal delivery) or eight weeks (C-section) time off. This is approximately a 10-12 week maternity leave for most women, depending on the actual date and time of delivery. Working closer to one’s due date does NOT extend their time off once they have delivered their baby.”

California State Disability Insurance (SDI)
“You may receive SDI payment while taking your maternity leave. This is paid through the Employment Development Department (EDD) at about 60% of your gross income. Once you begin your first day of disability/maternity leave, there is a seven day waiting period, with your benefit being calculated from day eight of your leave. Many women turn in a week of sick or vacation time to cover this waiting period. If one stops working at 36 weeks and turns in a week of sick time to cover her first week off, SDI begins to calculate her benefits from 37 weeks, her eighth day off, and continues until six to eight weeks from the date she delivers, based on the type of delivery. Please note that there is NO advantage by working as close to your due date as possible.”

Paid Family Leave (PFL)
“As a maternity leave benefit, this is additional paid time off for up to six weeks for bonding with your newborn. It is also paid through EDD like SDI, and is paid at about 55% of your gross income. You may start PFL immediately following the end of your SDI, or you may “save it” and use PFL time for bonding with your baby anytime prior to baby’s first birthday. Many use all six weeks at once, extending their maternity leave to 12 weeks (vaginal) or 14 weeks (C-section) from the date they delivered, when combined with their SDI time off.”

Family Medical Leave Act (FMLA)
"While on FMLA leave, the employer must continue the employee's health benefits and protect the employee's job. To be eligible for FMLA, an employee must work for a covered employer a) for at least 12 months; and b) worked at least 1250 hours during the 12 months prior to the start of FMLA leave; and c) worked at a location where at least 50 employees work at, or within, a 75 mile radius. As related to pregnancy and childbirth, a covered employer must grant an eligible employee up to a total of 12 weeks of unpaid leave during any 12 month period. (The 12 weeks are converted into an allotment of hours based on how many hours a week one works. A 40-hour employee has 480 FMLA hours to use during pregnancy or maternity leave.) FMLA is extensive. FMLA is designed for use during pregnancy, as well as to cover you while on maternity leave. It is important to use your FMLA time wisely. If one uses too much time too early in pregnancy, then starts her maternity leave at 36 weeks, it's possible to quickly use up the available FMLA time. This could result in running out of health insurance coverage prior to delivery or while still on maternity leave."

California Family Rights Act (CFRA)
“CFRA is identical to the federal FMLA law in terms of eligibility and coverage. It provides 12 weeks off work with health insurance and job protections. The difference is CFRA starts when the delivered mother’s medical disability ends. Your SDI payments stop when your maternity leave is over, ending your medical disability. If you choose, you may begin up to 12 weeks of unpaid CFRA leave at this time. You may, however, be collecting up to six weeks of PFL during this CFRA time. For pregnant women who meet the FMLA/CFRA employment requirements, and work for an FMLA/CFRA-eligible employer, from the date of delivery (regardless of when leave prior to delivery began), one would have the ability to take up to 18 weeks off (6 weeks maternity leave and 12 weeks CFRA leave = 18 weeks off). A C-section would result in 20 weeks off. Since CFRA law went into effect complimenting FMLA law, many women working for larger employers are no longer faced with working as close to their due dates as possible in order to maximize time off with their baby once they’ve delivered.”

So there it is. Tell me your interpretation of it. What I understand is that I can go out of work at 36 weeks (2/13), supplement accrued sick or vacation time for 5 working days until the SDI pay kicks in on the 8th calendar day (2/21). I would then continue to get SDI pay until she’s born (I think regardless of if she’s late or not). If she’s born on her due date (3/13) and she’s born vaginally, I will continue to get SDI for an additional 6 weeks (from 3/13 through 4/24). At that point, I would begin my PFL for an additional 6 weeks (from 4/24 through 6/5). As of June 5th, my paid maternity leave would be maxed out at a total of 16 weeks (from 2/13 through 6/5).

Quoting These City Walls:" OP, you will get disability regardless of whether they are late. Then you'll get 6 or 8 weeks after the birth of the baby. "

Lol, just saw this after posting that long one. But, THANK YOU! Lol. That's what I thought I was understanding, but I wanted to see if someone else actually knew since I can't get a hold of EDD or SDI.