Paid Family Leave: What It Is, Who Can Use It, and How to Apply
On July 1, 2020, California officially extended Paid Family Leave benefits from 6 weeks to 8 weeks! Although some improvements are being made to California’s Paid Family Leave laws, many aren’t aware of these benefits or don’t understand how to navigate the complex laws that make up the Paid Family Leave Program.
We are here to help you navigate the process of getting paid leave. We understand how complex and inaccessible California’s paid leave programs are. It’s our mission at the California Work & Family Coalition to raise awareness of paid leave and also to advocate for better paid leave policies that are accessible to everyone and that are easy to understand.
To celebrate the expansion of weeks, we wanted to create a quick reference guide to help raise awareness of Paid Family Leave and how to access these benefits!
To clarify, we are not the organization where you can apply for paid leave benefits (that’s the Employment Development Department also known as the EDD).
What is Paid Family Leave?
California Paid Family Leave (PFL) provides partial wage replacement benefits to employees who need to take time off from work to care for a seriously ill family member (child, parent, parent-in-law, grandparent, grandchild, sibling, spouse, or registered domestic partner) or to bond with a new child entering the family through birth, adoption, or foster care placement.
Who can take Paid Family Leave? Parents or Caregivers?
Both. Paid family leave is not just for people who physically deliver a baby. It’s also for people who want to bond with a new child after birth, adoption or foster care placement. It’s also for people who have to care for a family member with a serious illness. For instance, if your parent is diagnosed with cancer, you can take Paid Family Leave to take care of them.
How long can I take Paid Family Leave?
Starting July 1, 2020, you can take paid family leave for up to 8 weeks.
How do I know if I qualify for Paid Family Leave?
You qualify for Paid Family Leave by 1) contributing to the program, 2) having a qualifying reason to take leave from your job. Paid Family Leave is 100% funded by California workers. You can see if you are contributing by looking at your paystubs. If you contribute you should see something like “CA SDI,” which stands for California State Disability Insurance.
Can I be fired for taking Paid Family Leave?
Paid Family Leave does not automatically require your employer to give you your job back when you return from leave. However, your job may be protected through other state or federal laws such as the California Family Rights Act (CFRA) and the Family and Medical Leave Act (FMLA). Since the California Family Rights Act is more protective than the Family Medical Leave Act, most California workers should look at the California Family Rights Act.
In order to qualify for job protection under the California Family Rights Act you must meet all of the following requirements.
Need leave
to care for a seriously ill parent, child, spouse, registered domestic partner, grandparent, grandchild, sibling or designated person. A designated person is someone who is a member of your chosen or extended family, such as an aunt, cousin or best friend.
to bond with a new child
to recover from your own serious health condition
for certain circumstances related to military exigency
Have worked for your employer for at least 1 year
Have worked at least 1,250 hours in the past year
Work for an employer with at least 5 employees
Past California Work & Family Coalition top priority bills SB 1383 (Jackson) and AB 1041 (Wicks) expanded the California Family Rights Act to cover more California workers. If you’d like to be updated about policy changes and opportunities to advocate with us, please follow us on social media (we’re on Facebook, Instagram, and Twitter) and join our paid leave advocate community at https://www.workfamilyca.org.
For more information about the CFRA, visit the California Department of Fair Employment and Housing or call 1-800-884-1684. For more information about the FMLA, visit the Department of Labor or call them at 1-866-487-2365.
Are undocumented workers eligible for Paid Family Leave?
Yes. Paid Family Leave can be taken regardless of immigration status. As long as you are paying into the State Disability Insurance fund (check your pay stubs), you do not need to be a U.S. citizen or have a Social Security number to be eligible for Paid Family Leave. The Employment Development Department (EDD) will NOT ask for proof of citizenship. Click here to learn more.
How much of my wages will be replaced when I take paid leave?
IIf eligible, you can receive about 60 or 70 percent (depending on income) of wages that you earned 5 to 18 months before your claim start date. You will receive this wage replacement for up to eight weeks within any 12-month period. The length of time worked at your current job does not affect your eligibility.
How do I apply for Paid Family Leave to receive these benefits?
To receive benefits, you must:
File a claim for Paid Family Leave benefits online or by mail with the EDD. Applying online is the fastest way to get your benefits. Go to edd.ca.gov to apply.
Have earned at least $300 in wages that are subject to SDI deductions (look for “CA SDI” on your paystubs) during the 12-month base period of your claim.
Provide proof of relationship for bonding claims (birth certificate or record, adoption paperwork, etc.).
Provide a medical certification filled out by a doctor or health practitioner for caregiving claims. The EDD has a specific form you need to get filled out. It’s called the Physician/Practitioner’s Certification for care claims.
A Special note for San Francisco workers
San Francisco workers—your employer may be required to provide supplemental compensation to you if you are receiving Paid Family Leave benefits for bonding with a new child through birth, adoption, or foster care placement. For more information, visit the City and County of San Francisco Office of Labor Standards Enforcement Paid Parental Leave Ordinance (PPLO).
What if I’m wrongfully fired or not able to take the Paid Family Leave I’m eligible for?
Being able to enforce your rights is important. Not all employers are aware of how Paid Family Leave works and some are not supportive of employees taking time off. If you suspect you were wrongfully terminated or disciplined for taking Paid Family Leave, we recommend getting free legal counsel and support from one of our members, Legal Aid At Work.
Have any questions? We’re here to help!
If you have any questions, please leave a comment on this blog post or email info@workfamilyca.org. We’re here to help you!
Subscribe to be notified of our next blog post: State Disability Insurance—a Safety Net When You Have a Serious Illness.
Subscribe here: https://www.workfamilyca.org/sign_up
