Taking time away from work to care for a new child or a seriously ill family member is something that millions of people face at some point in their lives. For many workers, the biggest concern is not whether they need the time off, but whether they can afford to take it. California’s Paid Family Leave program was created to address exactly that concern.
If you are an employee in California, learning about how this program works can help you plan ahead and make informed decisions when the time comes. This includes understanding your broader workplace rights—especially if you are taking leave for childbirth and need to know when you might be entitled to file a pregnancy discrimination claim. Continue reading to learn about what Paid Family Leave covers and what benefits may be available to you.
What Is Paid Family Leave in California?
Paid Family Leave, often referred to as PFL, is a state-run program administered by the California Employment Development Department (EDD). It provides eligible workers with partial wage replacement benefits when they need to take time off from work for certain qualifying reasons.
PFL is funded entirely through employee payroll deductions. Employers do not contribute to the program, and they are not the ones who pay out the benefits. Instead, the EDD handles all claims and payments directly.
It is important to understand that PFL is a wage replacement program, not a job protection law. The program provides you with income while you are away from work, but it does not guarantee that your job will be waiting for you when you return. Job protection may be available through other laws, such as the California Family Rights Act (CFRA) or the federal Family and Medical Leave Act (FMLA), depending on the facts and circumstances of your situation.
What Qualifies as a Covered Reason for PFL?
California’s Paid Family Leave program covers two primary categories of leave:
Bonding With a New Child
PFL benefits are available to workers who need time off to bond with a new child, whether through birth or another means (like an adoption). Both mothers and fathers are eligible, as are domestic partners and other individuals in a qualifying relationship with the child. Bonding leave must be taken within the first year in most cases.
Caring for a Seriously Ill Family Member
You may also qualify for PFL if you need to take time off to care for a family member with a serious health condition. Under the program, a qualifying family member includes a wide range of loved ones, ranging everywhere from a spouse to a sibling.
A serious health condition generally means a condition that requires either inpatient care or ongoing treatment by a healthcare provider. Routine checkups and minor illnesses typically do not qualify.
Who Is Eligible for Paid Family Leave Benefits?
To qualify for PFL benefits, you must meet certain eligibility requirements. You must have earned at least $300 in wages during any quarter of the base period from which State Disability Insurance (SDI) deductions were withheld. Because PFL is part of the SDI program, most California workers who contribute to SDI through their paychecks are automatically covered.
Self-employed individuals and independent contractors are generally not covered unless they have opted into the SDI program voluntarily. Government employees may also be excluded depending on their specific employer.
You do not need to have worked for your current employer for any minimum amount of time to qualify. Eligibility is based on your overall earnings history, not your tenure at a particular job.
How Much Does PFL Pay?
PFL benefits provide approximately 70 to 90 percent of your weekly wages, depending on your income level. Lower-income workers receive the higher percentage, while higher earners receive the lower percentage, and the calculation is based on the wages you earned 5 to 18 months before your claim start date. There is a maximum weekly benefit amount (WBA) that is adjusted each year by the EDD as well.
Benefits are available for up to eight weeks within any 12-month period. You do not have to take all eight weeks at once. The program allows you to spread your leave out over multiple shorter periods if that works better for your situation.
How Do I Apply for Paid Family Leave?
You can file a PFL claim through the California EDD either online or by mail. The application process requires you to provide information about your employment, the reason for your leave, and supporting documentation such as a medical certification or proof of a new child’s birth or placement.
It is a good idea to notify your employer before taking leave, even though PFL itself does not require a specific notice period. Other laws that may provide job protection alongside PFL, such as CFRA, do have notice requirements that you will want to follow.
Can My Employer Retaliate Against Me for Taking PFL?
California law prohibits employers from retaliating against workers who file for Paid Family Leave benefits. Retaliation can include termination, demotion, reduction in hours, and any other adverse action taken because you exercised your right to use the program.
If you believe your employer has retaliated against you for taking PFL, you may have grounds to file a legal claim. Through this claim, you can recover compensation and potentially other forms of financial relief. An employment lawyer can evaluate the facts of your case and advise you on your rights and options.
Contact a San Diego Employment Lawyer for Help With Your Case
Paid Family Leave is an important benefit that California workers are entitled to use without fear of punishment. If your employer has treated you unfairly in any way because of your decision to utilize PFL, contacting an attorney for legal advice may be a wise move to make.
An experienced employment lawyer in San Diego can help you understand your rights under PFL and related laws like CFRA and FMLA, and can take action on your behalf from there if those rights have been violated. Contact Fairchild Employment Law today to schedule a free consultation at (619) 853-2713. We can provide you with some initial legal advice at that time.