Am I required to give up vacation time and complete a new waiting period for PFL after I've already completed the requirements for my CA pregnancy disability claim?
January 14, 2010 12:03 PM Subscribe
Is it true that if you don't take your California Paid Family Leave benefits back to back with your CA pregnancy disability leave, you are subject to a new 7-day waiting period and must use accrued vacation time first? These stipulations do not apply when you take both leaves consecutively.
In regards to California Paid Family Leave (PFL), state law provides new mothers with 6 weeks of benefits in continuation of their state pregnancy disability claim. While most moms take PFL immediately following their disability for one long maternity leave, the law allows moms to space out their 6 weeks of PFL in any increment(s) for up to 12 months following the delivery date of their baby, so I chose not to tack my PFL onto the end of my pregnancy disability with the intention of using it in lieu of vacation time over the next year.
Well now that I've requested unpaid time off, HR is telling me that there is a 7-day waiting period for PFL, and that I'm required to use accrued vacation before I can take PFL benefits. I don't think this is right because if I had taken my PFL immediately after disability, I would not have been subject to a 7-day waiting period nor required to use vacation, because as far as the state is concerned it's not a new claim, it's a continuation of my existing disability claim. I don't see why the rules should be any different because I chose to delay the PFL benefits I was already entitled to. Can anyone corroborate?
In regards to California Paid Family Leave (PFL), state law provides new mothers with 6 weeks of benefits in continuation of their state pregnancy disability claim. While most moms take PFL immediately following their disability for one long maternity leave, the law allows moms to space out their 6 weeks of PFL in any increment(s) for up to 12 months following the delivery date of their baby, so I chose not to tack my PFL onto the end of my pregnancy disability with the intention of using it in lieu of vacation time over the next year.
Well now that I've requested unpaid time off, HR is telling me that there is a 7-day waiting period for PFL, and that I'm required to use accrued vacation before I can take PFL benefits. I don't think this is right because if I had taken my PFL immediately after disability, I would not have been subject to a 7-day waiting period nor required to use vacation, because as far as the state is concerned it's not a new claim, it's a continuation of my existing disability claim. I don't see why the rules should be any different because I chose to delay the PFL benefits I was already entitled to. Can anyone corroborate?
Response by poster: @ Phil, thanks for your comment. I know that a waiting period is required before PFL benefits kick in, but when it's in conjunction with a CA pregnancy disability claim, the waiting period you've already completed for the disability claim covers the requirement for PFL so you're not subject to ANOTHER 7-day waiting period, at least when you take both leaves back to back.
posted by petitemom at 12:24 PM on January 14, 2010
posted by petitemom at 12:24 PM on January 14, 2010
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if no one else is able to answer your question i would try calling the paid family leave collaborative at (877) 238-4373.
posted by phil at 12:14 PM on January 14, 2010