CA Maternity Leave Explained by an Employment Lawyer

This video explains the maternity leave laws that every pregnant California employee should know. Branigan simplify's a complicated subject into a short video. He explains FMLA, CFRA, PDL, and pregnancy discrimination so that every employee can understand their basic rights.
For more information about FMLA & pregnancy discrimination, go to brobertsonlaw.com/practice-ar.... For more information about pregnancy disability leave, go to brobertsonlaw.com/pregnancy-d....
Branigan Robertson is an employment lawyer in Southern California. His firm exclusively represents employees in lawsuits against employers. Visit his website at: brobertsonlaw.com.
#MaternityLeave #California #Lawyer

[@erinmc5]

Thank you for making this video! Great information for those who may be having difficulties figuring out what leave is available.

[@lisseth8831]

I'm not exactly sure how to thank you for simplifying all the information for me. you have seriously changed my life and made me realize that I have rights I thought i had but didn't know for sure. Thank you, on behalf of all the women whom I will educate thanks to your education. THANK YOU!!!!!

[@braniganrobertsonlaw]

You are very welcome! Share the video, more women need to know this stuff.

[@flower5396]

Best video on FMLA. Thank you.

[@jessicagundysimon2880]

Omg this is soo much help! This is what I've been looking for. THANK YOU!

[@braniganrobertsonlaw]

You are very welcome!

[@Door1-k2f]

Thanks I am totally confused what to do but your teaching is helpful

[@Karisma7788]

Great video. Thank you so much.

[@nea3090]

Thank you!! Great video. clear& understandable!!

[@JAN2MARS]

Thanks for this. I know it’s been several years since you posted this so there have been updates to the whole pregnancy leave process but the baseline is still relevant and this made it all easy to understand.

[@jdonnell]

This is so helpful. Thank you!

[@rosegonzalez319]

Hey Branigan, love the videos thank you! By chance would you be able to one covering CA KIN care? And how it can be used at the work place?

[@coraimaortiz7043]

Thank you for sharing this video. I truly appreciate it.

[@milaaltchuler7861]

Hi, I am in CA , can you take FMLA and PDL? I was told By my HR I will get 4 weeks before I deliver and 6 or 8 weeks after my delivery. Additionally, I can take baby bonding for 12 weeks 8 which is paid 4 weeks unpaid. Is PDL is separate from disability? I am trying to see how I can take the most time off to be with the baby...

[@cuzcohusky3533]

Thank u

[@87narito]

CFRA doesn't allow people to use FMLA for pre-natal care. So yes it is pretty important to mention

[@yeetruckinyee8284]

Just for that, I am gonna name my unborn child "Branigan" - HAHAHAHA. Thank you x1000

[@josephvaldivia3449]

My wife is a at home stay mom im a roofer in California am i eligible for PFL?

[@dulcehansen6661]

Hi, my dr was asking UNUM to extend my disability for one month and they want the dr notes as to why. My employer has told me that if the reason is for my work duties then i should be ok to return since my job consists of sitting at a desk. I am not sure what would be a valid reason to get my extension...I had a preemie and was feeling like I have postpartum depression but not sure.

[@krunalsheth8481]

Hi, Is PFL separate leave to what employer gives for maternity leave or both the same?

[@zarah2574]

What if I haven't been at my job for 12mos? Would I then apply for SDI? Working for the government now, but last yr I worked for a private sector. Would I qualify for SDI?

[@alexandervoets8566]

I just moved to CA from OR and have not yet registered in CA at the DMV. Is there a minimum time I need to live in CA before I qualify for PDL/PFL?

[@ndodier]

Does any of this apply to self employed individuals or just employee?

[@elmoney4348]

Would the PFL apply to the father of the baby if I want to use it say ten months after birth? Also does the 1250 hours apply?

[@gabrielluna185]

Hi. I am stuck with my back against the wall, so I will be a dad this month January 25th, and I have been working at my company for exactly 1 year and 4 days. Now I have 69 hours accrued vacation time as of now. Do I use that paid time off to bond with my child or can I just not use that paid time off and apply for EDD for the 6 weeks paid family leave?

[@alexanderclark9462]

I filed unemployment claim a week ago. What should I do next. What ph# can I call and ask what's going on?

[@bearberrie4]

Where does the 4 weeks before labor come fall under these leaves? And if you don't use it do you lose it ( meaning does it have to be used as pre labor leave) ?

[@LindaLeeNguyen]

This is my exact question as well. Please let me know if you find the answer!

[@mariamoreno4214]

my fmla to return to work is 4-9-19 tomorrow i want to apply for family bonding but is telling me i should receive a form. I have not received anything yet, but also said i need to apply once i dont receive payment for pregnancy leave. i really need info what shoul i do?

[@mitch102910]

Why PDL is unpaid? EDD Website states pregnant woman can get 4 weeks paid before birth and 6 weeks paid after birth (normal) or 8 weeks if it is CSection. The 4 weeks before birth however, it’s a use it or loose it paid off and can’t carry over after birth. 🤔🤔🤔

[@guhreenskittles]

what you’re talking about is short term disability which is partial payment

[@YourYouTubeCoach.]

Hi! Great video, thank you! I am due end of August. Technically, I can take 12 FMLA weeks (unpaid) PLUS 6 weeks PFL? They don't overlap? So, I can take a total of 18 weeks off after birth and have my job protected? Is this regardless if I have a vaginal birth with minimal recovery vs a cesarian? Also, my employer HQ is out of state, but our office is here in LA. Does that make a difference?

[@braniganrobertsonlaw]

Hello! The 6 weeks of PFL run concurrently with your FMLA. So during a 12 week FMLA leave, a person can get some of her wages paid for six weeks. So no, it is not plus six weeks. Also, FMLA is a federal law and applies all across the nation. So it should not matter where the HQ of a company is located.

[@YourYouTubeCoach.]

What about FMLA and CFRA? Doesn't that add up to 18 weeks after birth? Also, does it make a difference the HQ are in a different state?

[@braniganrobertsonlaw]

CRFA generally also runs concurrently with FMLA. It is the CA equivalent to FMLA. So no, you don't get 18 weeks. 12 weeks is the leave time available. In CA, if you are disabled due to your pregnancy, you can get additional leave beyond 12 weeks. The PDL section of the video details that. No, it does not matter where the HQ of the company is. If you are an employee in the state of CA, FMLA/CFRA apply to you so long as your company has 50+ employees and you meet the minimum hour threshold (1250 in last year).

[@YourYouTubeCoach.]

What about PDL and CFRA? I read somewhere that technically you get 6 weeks of PDL and then you can tack on the 12 weeks if CFRA after like this legal aid sheet says legalaidatwork.org/wp-content/uploads/2017/07/pregnancymyjob_CA_English-1.pdf

[@PrettyOdd-zf5iw]

Beauty and the Vlog good luck!!

[@asingh4152]

What if my wife took disability insurance that her company offered, how does that work with PFL?

[@rmalacas]

So at my Dr office they said I can go on disability starting at 36 weeks (with 4 weeks given) which is July 14th. (I'm due Aug 11) so I get the 4 weeks paid or unpaid? Plus the 6 weeks postpartum (paid or unpaid) then 6 or 12 weeks fmla which is unpaid

[@soullab8928]

I am currently confused with the same information. My employer never mentioned something about taking disability 4 weeks prior my due date. My doctor just told me that. How was your experience?

[@Mondo_0ne]

YOU NEED TO MAKE A VIDEO FOCUSED ON THE FATHERS POINT OF VIEW WITH PFL BABY BONDING AND THE LEGAL GUIDELINES ON RETURNING TO WORK AND WHAT RIGHTS WE HAVE BEFORE DURING AND AFTER OUR PAID FAMILY LEAVE. PLEASE AND THANK YOU.

[@bayarearob]

Will this video be helpful for father's?

[@ChappoIan]

Is there a 'Hours of Service Requirement' for PFL? Or only for FMLA. If I don't qualify for FLMA due to the 'Hours of Service Requirement', can I still be eligible for PFL in CA?

[@biloz2988]

Lawyers make money whether they win or lose ! Known fact. But even when they explain the law they also make money, and this video is an example, by explaining he made hundreds of referrals already (call a lawyer if anything in the video applies to you) - amazing

[@MaiaMilaMax]

I don't qualify for FMLA or CFRA because I haven't work with my employee for 12 months. However, they do offer a private Short Term Disability option through a private company, my question is... Can I use both the STD and the CA SDI combined?

[@morenojorge1987]

My wife had a c-section i will like to take time off i work pay taxes but i dont have a social security can i get pay also

[@JoseGarcia-vi3pu]

Can I as the father take pfl for my child if I started working at my job a mother after my child was born?

[@chrishummell]

I'm still very confused on how to apply for PDL. Can I take PDL before my due date? And how to apply for PDL though EDD online before the date you need to start the maternity leave? When I try to file a claim with a 2501 form, it asks me "When did your disability begin?"... does not allow me to put a future date. Does that mean I need to only file my disability after I start my leave from work? Thank you.

[@braniganrobertsonlaw]

Yes, people frequently take PDL before the due date. PDL is for "disability" leave. If you are disabled by your pregnancy (ex bed-rest), you can take leave. What constitutes a "disability" is usually a legal & medical question (so talk to your doctor and lawyer). As for the specifics as to how to fill out any forms, I don't have an answer for you. I would recommend that you explain your situation to someone at the EDD and ask or hire a lawyer to find out exactly how to go about it.

[@chrishummell]

Thank you

[@natflad2916]

Hi Branigan, do you know how the rate of pay will be affected by the state when I use some PTO to pay for my portion of benefits through my employer while on leave?

[@braniganrobertsonlaw]

Unfortunately, I don't understand your question. Which rate of pay?

[@natflad2916]

@@braniganrobertsonlaw hi Branigan the rate of pay I am paid for paid maternity leave through the sate. They say it is between 60-70% of your salary but what determines that percentage?

[@braniganrobertsonlaw]

@@natflad2916. Ah, now I understand. That is a good question. I assume that your rate of pay for purposes of benefits would be determined by your paystub. But, as you know, many people have vastly different line items on their paystubs. So, I would call the State and ask how they determine your wage.

[@juicyfruit88able]

What if you work for a school and your out for summer break but your also due during summer break when teachers don't get paid

[@corme624]

I was wondering, how does FMLA work if I had initiated it for an illness about 10 months prior (for four weeks surgical recovery) then used it again intermittently five months later (for another four weeks recovery) for the same reason - it was a correctional issue for both feet. And now I'm eight weeks preg. Would I still be able to qualify for FMLA if I'm due after the beginning of my actual date of leave?

[@braniganrobertsonlaw]

Generally, people can use 12 weeks in any 12 month period. So, when you start using it again for your maternity leave, whatever is left is what you get. But definitely reach out to a local lawyer to cover all the specifics of your situation.

[@MRCALIEMS]

My job states that I’m only allowed 1week PATERNITY leave and I MUST use my vacation time? PLEASE HELP! Company is split between 2different names my side is 8 employers Ive been there for 1yr 2months

[@BeatrizVelazquezzz]

Does this mean I cannot apply for short term disability to get paid while on intermittent PDL?

[@teresmitch88]

im due april 18 2017 with twin im approve for fmla, how should i approach my leave i work in a grocery store standing for long periods of time im ready to go on leave now.

[@braniganrobertsonlaw]

Thanks for the comment! While I can't comment on your specific legal situation on a forum like KZbin (legal stuff), I can say that pregnant employees in CA often ask for reasonable accommodations. In order to get a reasonable accommodation, people generally talk to a employment lawyer, a doctor, and HR.

[@yochikasexy]

forgot to mention the regular disability granted to all women given 4 weeks before birth, and disability due to child birth its a major surgery and you need to recover 4-6 weeks

[@pretnpinknini]

What about if your a 1099 employee? How would pregnancy leave work?

[@crystold8581]

I'm 28 weeks and due for a csection Oct 6th 2017 but my doctor is talking about putting me on bed rest until my surgery date. would I have to take fmla? my job had me use pdl intermittently to go to doc appointments or when I would have morning sickness so my pdl hours are almost gone.

[@braniganrobertsonlaw]

Hi Crystol, if someone has exhausted their 4 months of CA PDL, then the next resort would be to use FMLA. But I highly recommend that you contact a lawyer if you need specific advice.

[@crystold8581]

Branigan Robertson ok thank you

[@jenniferswanstrom]

So PFL is paid weekly? Was just asking because I get paid weekly and am 31 weeks pregnant and my leave is coming up and it is my first child and was just confused about if I get paid weekly but 60% of my check or biweekly.

[@mariaorozco4966]

Hi did you ever get PFL ? And so did your partner/husband ?

[@jenniferswanstrom]

@@mariaorozco4966 we did it was just me though because I only filed but it covered our expenses.

[@yurilutt3525]

Why I didn't get pregnancy paid leave? I live in CA. I applied for it I received documentation with total amount but the money was never paid to me. 😢

[@stephanielopez7156]

What if my job says they don’t have other less strenuous jobs available for me because they are occupied and say they can only accommodate me by having me take pregnancy disability leave do I have to take it even though I don’t want to

[@jm562_5]

What if you just started a job and been there for 2 months. I know i dont get paid but what are my options? Thanks!

[@braniganrobertsonlaw]

If you are in CA and the company has over 5 employees, you get PDL. You can take up to 4mo of maternity leave as long as you are disabled due to the pregnancy.

[@jm562_5]

@@braniganrobertsonlaw ok i dont plan to take off for too long but just a day or 2 thanks i appriciate your videos.🙏🏼

[@jm562_5]

I work for the county.

[@jm562_5]

@@braniganrobertsonlaw im sorry im the father of the child do we have some rightsbto 2-3days off by law?

[@braniganrobertsonlaw]

@@jm562_5 Oh, I'm glad you told me. Obviously, PDL doesn't apply to men because you are not "disabled by pregnancy." Normally, CFRA and FMLA permit men to take time off to bond with the child. But you don't qualify for either because you don't meet the 1yr of employment yet. So, no, I don't think you have any rights by law. My suggestion would be to simply ask politely for three days off. HOWEVER, since you work for the County special rules may apply to you. So I would ask HR if you have any right to take a temporary leave of absence.

[@Dara-ub9ol]

Are these pregnancy rights only available in California?

[@brandonpalacios1128]

For FMLA, I will only be with my company for 10 months by the time my baby is here, I work 50 hours a week which is about 9k-10k hours in 10 months, would I still be able to use the FMLA since I meet the hour requirement but not the year requirement?

[@braniganrobertsonlaw]

Generally, no. 12 months is the minimum. However, many companies permit people to take FMLA anyway. So, talk to your HR person and see if your company is one of the good ones.

[@brandonpalacios1128]

Thank you I appreciate the feedback, I’ll definitely be reaching out to my HR

[@josemunoz6945]

Does prenatal care fmla cover men also? Or is just for women ?

[@flameflames9465]

my OBGY doesn't care what I have , she is not compassionate and I don't think I can change her at 37 weeks now. I was so sick in the beginning like sick, sick! throwing up all day everyday and she dint care and said I could work. I mean I was throwing up every meal and while I drove too, also I got gestational diabetes which has made me feel like crapppppp, still she doesn't care and said I can continue to work I also had sever depression in the begining of my pregnancy with suicidal thoughts and i was seeing a therapist for it and still... she said im Fine to work ! then now I can barely walk cause my hips hurt so bad and seeing a physical therapy and stillllll..... she got mad that I took myself off of work. im in pain! I haven't made any money im so broke. im almost scared to ask her to sign maternity papers for me cause im scared shell say no.

[@hilux22re]

Can i qualify for fmla, i only been at my new union job for 5 months but been with the union for a year?

[@sassyclass552]

Can I use my paid family leave if my daughter is giving birth?

[@Anna7885791]

I’m a mom of twins on NPLA 8th week, paid 6 weeks PFL but decided to quit job without returning. My HR told me I must pay back to PFL on top of healthcare insurance premiums to them. Is this true??

[@braniganrobertsonlaw]

Yikes! I'm sorry to hear that. I've never heard of a company demanding that. Is there a contract that says you must pay these things back? Are you in CA?

[@Anna7885791]

Branigan Robertson I’m from northern CA. I fully understand that I must pay back to company for health insurance premiums. Our HR’s advice to me “to check with EDD” that they may come back to me to penalty or paying back PFL $$ if I don’t return to work is confusing me.

[@braniganrobertsonlaw]

@@Anna7885791 I'm sorry I don't have a quick and easy answer for you on this one. I would contact a lawyer near you to get specific advice.

[@Lexsteiner]

Do you need to file a disability claim for any reasonable accommodations?

[@wDeathw]

Is PDL only for employed ppl?

[@coapa_760]

what if you dont work for 12 months yet??

[@desiredstylesbyilda8915]

If I take paid maternity leave can my husband apply for it as well?

[@braniganrobertsonlaw]

That is a great question. I do not know the immediate answer to that.

[@mariaorozco4966]

Hi desired styles by Ilda did you ever find out if you could BOTH get pfl and pml

[@dlsan32]

Are contract workers protected by FMLA or CFRA

[@braniganrobertsonlaw]

Usually no. But if the employee has been misclassified as an independent contractor (very common occurrence) and they should be an employee, then yes.

[@patriceLeeAnn]

ANYONE!!!!!! I was wondering if you or anyone know any of the information on PFL in the state of Las Vegas Nevada I’ve currently been working at my job going on two years I work in a nursing facility I am 22 weeks pregnant and for the last month I’ve been asking management, HR and my DON for information to take maternity leave so that I can prepare for things sooner than later it’s been a hassle finally after weeks of asking HR provide me with FMLA I wasn’t quite sure what it was exactly until now but that still isn’t giving me the information that I need to still provide for my family when I leave and still come back to a job after giving birth .. I could really use advice I don’t know to many people here in the State of Nevada I’m originally from California and my job isn’t help or providing me with any information at all. -Thank you.

[@braniganrobertsonlaw]

I'm sorry Patrice, I don't know NV law or any details regarding PFL in Nevada. If anyone watching this video knows, can they please respond to Patrice?

[@xavierguerrero2712]

Does this apply to government workers?

[@spxce2449]

Long overdue.

[@organizedchaos1925]

I'm trying to find better resources on the FMLA/CFRA overlap for our employees. In particular, I'm struggling with finding resources on CFRA being used after FMLA, which I'm told is permissible in some pregnancy cases. It's hard to offer the option though without a better understanding of when that's allowed.

[@braniganrobertsonlaw]

Hi Sarah, you are running into a problem that plagues most people. CA's laws on leave of absences are super complicated, overlapping, and confusing. So don't fret too much about it. If your employer really needs a detailed breakdown, they should hire a lawyer who understands this stuff.

[@braniganrobertsonlaw]

I can refer you and your employer to someone if you need it.

[@organizedchaos1925]

I'll work with the attorneys we have a bit more first (we're big), and I appreciate it. I figured if there were charts or direct how-tos, it would be a quicker fix. Thanks!

[@cesarvallejo9986]

Why is this 1 video constantly freezing up?

[@lly56]

Hi, Can you combine the 4 weeks before due date and 6 weeks after birth together? For example: if I only take 2 weeks before due date, can I use 8 weeks after birth?

[@braniganrobertsonlaw]

Absolutely. FMLA permits a total of 12 weeks.

[@timearly6961]

Why dies Paid Family Leave need to be in a Health Insurance Policy? It is driving the premiums up. Any organization or business can just send the new mother her paycheck.

[@jeffheaney7773]

I think it’s because a small business under 50 employees like mine is 5 employees would be hard pressed to pay the employee on PFL 55% plus the employee we had to temp hire full paycheck. You pay SDI anyway so it’s good to have more areas to use it.

[@jamiet4074]

What about the husband? What is he I titled to?

[@braniganrobertsonlaw]

Paternity leave is valid as well. He just needs to meet FMLA requirements as well.

[@nuketownmayor]

It's now 2020, is the video still valid ? Thank you!

[@jenv88]

No, lots of changes since

[@johannaortiz5670]

What about self employed women?

[@danielrobles10]

What about father? I just got denied fmla for bonding

[@danielrobles10]

Employer denied fmla time for bonding *

[@mariaorozco4966]

Why did you get denied

[@Gnuenguemo]

Let me go ahead an re-emphasize what my guy here just said: "California is the greatest state in the Union". I win, bye, bye.

[@lauraschwed1545]

Yes. That is correct…not a perfect state but still the greatest state in the union.

[@gipi23]

12 weeks in 12 months? Unpaid? I do not know of any European country that would have such a terrible law in place, tbh!

[@jf4118]

Who pays for maternity leave? Where does the money come from?