CA Maternity Leave

I wish maternity leave was a simple process, but really, it’s complicated by a list of federal and state laws and company policies. All of which can be overwhelming – especially when you’re trying to prepare for a baby. If you’re lucky and have a good HR department, you might have a knowledgeable person to guide you along the process. If not, there are plenty of resources you can use to educate yourself.

So where do I start?

Make sure you understand your rights. The good news is that CA has many more protections and benefits for pregnant women/new moms than any other state. So yay! I think the best way to try and understand how it all works is by creating a divide in your mind between the period in which you are disabled (typically 6-8 weeks postpartum) and the period in which is considered baby bonding (once your doctor has released you from care). Try not to be overwhelmed by specific laws mentioned – I’ll include a list of online resources at the bottom that can be referenced for additional information.

The Period of Disability

Most employees of CA businesses with five or more people are covered by Pregnancy Disability Leave (PDL) – so even if you do not qualify for FMLA (Family and Medical Leave Act) you are probably covered under the PDL. What does this mean? That you are entitled to certain protections and rights for pregnancy related disabilities and accommodations for up to 4 months.

What’s important to remember is that your job is protected while you’re disabled. Your employer will probably require you to have a certification filled out by your physician as well as additional forms to prepare for your leave of absence – check your company handbook for employer specific requirements.

For some women, the end of your disability means the end of your protected time away from work, but others will qualify for additional baby bonding.

The Period of Baby Bonding

So now what? Your doctor has released you back to work. In CA, you may qualify for additional job-protected time off for baby bonding. CFRA (California Family Rights Act) and NPLA (New Parent Leave Act) provide job protection for up to 12 weeks of leave to bond with a new baby. Most new moms take the baby bonding period immediately after disability ends, but you can actually take your bonding time anytime in the first year after birth. Most new moms qualify if you meet the following requirements:

Worked for your company for at least 12 months (during the last 7 years)
Worked at least 1,250 hours during the last 12 months preceding your leave
Currently work at a company location with at least 20 people (this used to be at least 50 people, but that changed in 2018).

So far, we’ve discussed your job protection rights. This is all time that is unpaid. There are a few ways you may supplement your unpaid leave of absence – these include: state paid disability, state Paid Family Leave (PFL), employer paid maternity leave and personal disability policies and accumulated paid time off. For more information see below.

Paid Leave

Unless your company pays for 100% of your leave time, you’ll probably want to (or need to) apply for paid leave programs through the state of California. First you’ll want to inquire about your company’s paid time off policies and benefits. I lucked out and my company has a very generous paid maternity leave policy. That being said, I’ve personally gone through the disability and Paid Family Leave (PFL) claim process twice.

CA state disability can pay up to 60 or 70% of your missed wages. Even if your company pays for a maternity leave type benefit, they may require you apply for state disability if you qualify for it. There are a few steps involved with starting a claim.

First, register on the state disability site by clicking HERE . You’ll need to register in order to file a claim once you become disabled so I suggest doing it ahead of time.
Immediately after birth (or earlier if you experience pregnancy related disability), you’ll be able to file a disability claim.
For specific instructions on what you need and how to file a claim click HERE. Tip: the state benefits will be paid via debit card (they send one to you once you register) – If you want those funds to to directly deposit into your bank account the card comes with instructions on how to set that up – much easier in my opinion than trying to use the card.
Once you submit your claim expect a few days of processing before you receive any money.
Remember to log back into your profile to certify for benefits each week. If you forget to do this (which I’m guilty of) you will not receive a payment.

Once your disability ends you should receive an email and/or notice from EDD saying you may be eligible for Paid Family Leave (they assume since you had a baby that you may also be eligible for baby bonding). All you have to do is start a PFL claim using the same portal as the disability claim. It’s fast and easy because they already have all of your information. PFL provides qualifying individuals with up to 6 weeks of pay (60-70%) of your lost wages during baby bonding. You’ll also want to keep in mind that PFL will count as taxable income while state disability does not.

My Personal Advice…

Make sure you plan ahead financially – estimate what the loss of income (if there is a loss) will look like and how that will affect you and your family. You can try to save ahead of time to soften the blow.

If you are adding your new baby to your company’s insurance that you typically have 30 days from the date of birth to enroll them in coverage. As long as you continue paying your benefit premiums, your company should maintain your benefit coverage during your leave.

Keep in contact with your employer and let them know what to expect. Providing them with ample notice usually behooves you. Also make sure you return to work when expected or provide a physician’s certification extending your leave.

If you feel you’re being treated unfairly talk to your HR department. Knowledge is your friend – let them know you have an understanding of how your rights. If you still feel like you’re being treated unfairly due to anything having to do with your pregnancy, birth, breast feeding, etc. contact the EEOC.

Resources

Kids are Scary

As a parent, I feel terrified on a regular basis. I typically spend about 95% of my time making sure no one accidentally kills themselves or destroys our house. Today it was someone else’s kid who got my mommy senses all riled up.

Fridays are glorious because my boss lets me work from home and both of my kids are in daycare. In other words, it’s a magical day (the only actual time I have to myself)…even though I’m working, I appreciate the temporary peace. I get to skulk around my house all day in jammies and no makeup. I love it. So here I am, sitting on my couch, fiddling around in Excel for a work project (and – cone of silence – enjoying an adult beverage), when I hear someone calling out a name.

it was coming from the street out in front of my house. Assuming the person was searching for a wayward pet, I didn’t think much of it. All of a sudden, I hear, “can anybody help me?!“. This, got my attention.

My mind referenced an undergrad psych class long ago where I learned that in general, people don’t help because they always assume someone else will – otherwise known as the “bystander effect”. I wasn’t going to let that happen so I popped my head out the door and asked him what was the matter.

“I can’t find my little sister…”

Poor kid was almost in tears. This made me think about my older son and how he would feel if he lost his little brother. So I asked for his name, what happened and when was the last time he saw her. They were on there way home from school on their bikes – he got ahead of her and when he got to the house she was gone. We headed in the direction he saw her last, which was south of my house. I searched for a couple of minutes, asking those I saw if they had seen a little girl on a red bike.

No sign of little sister. I was getting worried – someone could have easily driven up beside her and snatched her up. I decided it was time to call 911 – I’ve seen way too many true crime shows that don’t end well when kids disappear. I’m 32 years old, but I still feel like a kid in these kind of situations…like isn’t there a real adult around? So I helped the boy talk to the dispatcher while he stood by me trying to share details about the last place he saw her, what she was wearing, etc. While we were still on the phone with the police, the boy and I headed towards his house to keep looking.

So we walk down the street together, terrified little boy and random neighbor lady. We eventually arrive at the kids’ house and what do we see? A little red bike parked inside the garage. His sister ended up coming back to the house while brother was out looking for her. A police officer arrived promptly, asked us questions and all ended well. I was informed that they were just about to send out the search helicopter. Aside from nearly having a heart attack, I was glad I happened to be home today. And coming from a law enforcement family I appreciated how quickly our local PD responded.

Lesson of the day? I’m never letting my kids go anywhere. But seriously, I know it used to be the norm for kids to be out by themselves – going to and from school. But in today’s world, is it okay?

The Adventure Begins…

Thanks for joining me!

My name is Lindsey and I’m just a normal (well, maybe not so normal) working mama. I have an amazing husband and two wonderful little boys. Like many moms out there, I’d like to have it all…the family, the career, more free time, vacations and all the wine. Life is complicated and trying to juggle mom duties and a professional life are hard. I want to share some personal stories, advice, opinions and resources for the other mamas out there.

Aside from being a mom of two; I work in Human Resources (HR). In California, HR gets complicated. While I’m not here to give legal advice, I will share some useful information and helpful hints about how to navigate in a world where women are supposed to do it all.