How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Patrick, Esq. Your Own Question

Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 6937
Experience:  Significant experience in all areas of employment law.
60109343
Type Your California Employment Law Question Here...
Patrick, Esq. is online now
A new question is answered every 9 seconds

We live in california. My wife is 5 months pregnant and we

Resolved Question:

We live in california. My wife is 5 months pregnant and we are wondering about Short Term disability ,Paid Family Leave, pay when she has to take time off after the baby is born. Her current salary is $2500/Week, working as a engineering manager. And not being at that level of income post delivery, is going to derail some financial responsibilities.

Is it possible to come close to this amount with a combination of Short Term Disability, and Paid Family Leave payments? If not are there any other options?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Josie-Mod replied 1 year ago.
Hi, I'm a Moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.


I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, please let me know and I will cancel this question for you. Thank you!
Customer: replied 1 year ago.

i am ok waiting .. we have sometime.

Expert:  Josie-Mod replied 1 year ago.
Thank you for your continued patience. We will continue the search for a professional for you.
Expert:  Wendy-Mod replied 1 year ago.
Thank you for your patience, your business is very important to us, we are waiting on the professional with the right expertise to come online. Please let us know if you would like us to continue searching for a professional or if you would like us to close your question.

We appreciate your understanding!
Wendy
Customer: replied 1 year ago.

how do i increase the price amount on the question offered to the expert?

Expert:  Wendy-Mod replied 1 year ago.
Hello,

Thank you for your reply. To better serve you, I will forward your questions to Customer Service. A representative will contact you via email.

Sometimes, finding the right professional can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.

Regards,
Wendy
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to answer your question.

Under both California's Paid Family Leave and State Disability programs, claimants are entitled to 55% of their average weekly earnings up to $1,067 per week. No claimant, regardless of their income level, is entitled to more in wage replacement under any state assistance program. See here for a chart which calculates the amount in benefits relative to income: http://www.edd.ca.gov/pdf_pub_ctr/de2589.pdf

Since your wife is making $2,500 per week, she would likely be entitled to the maximum weekly benefits amount under either PFL or SDI, but regretfully there is no way that state assistance alone will bring her up to her usual income level, as SDI and PFL cannot be drawn upon at the same time.

Unfortunately, the only way to obtain 100% wage replacement is to use employer-offered sick leave or vacation leave. However, this assume that your employer offers such leave and that your wife has accured enough such time to cover her entire absence from work.

There are other programs, such as California's Pregnancy Disability Leave Law and the CFRA's "baby bonding" law which permit pregnant women and new mothers to take protected time off work, but those programs unfortunately do not provide any sort of wage replacement---they simply secure the woman's position while she is gone. SDI and PFL are the only state programs which provide actual wage replacement for expecting and new mothers. Thus, the only options to "fill the financial void," so to speak, are to enroll in either SDI or PFL, or the use accrued sick or vacation pay.

I am very happy to discuss your wife's options in further detail, or to discuss the baby bonding and PDLL programs I referenced above if you desire more information concerning unpaid protected leave. I am sorry I cannot provide more favorable information with regard to your wife's options for wage replacement, but I do nonetheless hope that you have found my answer thus far to be informative.

Very best wishes to you both, and congratulations with regard to the expected addition to your family.
Expert:  Patrick, Esq. replied 1 year ago.
Hello,

I just wanted to follow up with you because we had some site issues last night that may have preventing you from being able to view my answer. Did you have any questions concerning the above?
Customer: replied 1 year ago.

Thank you for the clear and concise information. How long is the SDI and PFL applicable? Our baby is due end of september. Thank You.

Expert:  Patrick, Esq. replied 1 year ago.
Thank you for your reply. SDI can be collected for up to 52 weeks. However, in order to collect SDI, you must be able to show that you are unable to do your regular or customary work for at least eight consecutive days. You will need a doctor's certification of this fact. While pregnant women are almost certainly eligible for SDI toward the latter part of their pregnancy and shortly after, there are of course limitations on how long they are reasonably likely to satisfy the definition of "disabled," barring serious pregnancy complications.

PFL, which is separate from SDI and does not require a showing of disability, can be collected for 6 weeks. Accordingly, it may be wise to start with SDI once you can get a certification of disability from your doctor (unable to do regular work for at least 8 consecutive days) and then switch to PFL once SDI is no longer an option.

Also keep in mind that, while employers are required to offer 4 months of protected job leave pursuant to the Pregnancy Disability Leave Law, employers are otherwise free to terminate pregnant employees and new mothers, so more extended absences may not be wise unless you are very confident in your job security.

Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.

Kindest regards.
Patrick, Esq., Lawyer
Satisfied Customers: 6937
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    849
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    330
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3443
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.