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: 7216
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

How does the Paid Family Disability Leave in California work?

Resolved Question:

How does the Paid Family Disability Leave in California work? Am I allowed 4 months off postpartum and is my job protected? Also, am I allowed to apply for another job while on maternity leave (and accept the position)? Will I need to pay back my employer my leave benefits?

Can an employer disqualify me for a job if I apply while pregnant (before maternity leave)?
Submitted: 11 months ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 11 months ago.
Hello and thank you for entrusting me to assist you. My name is XXXXX XXXXX I will do everything I can to answer your question.

I think it would be helpful if I address your concerns by providing a concise summary of the applicable rights and protections afforded to pregnant employees in the state of California.

First, Califonria's Pregnancy Disability Leave Law (PDLL), entitles pregnant women working at companies with 5 or more total employees to up to 4 months of protected job leave due to pregnancy-related disability (i.e. as a result of your pregnancy you are physically incapable of working). It is important to understand that PDLL provides job protection while you are disabled as a result of pregnancy--it doesn't provide any sort of wage replacement when you are gone. PDLL can, however, apply to post-partum depression or other dibilitating medical or mental conditions which arise as a result of birth, so it is not necessarily confined to the pregnancy time period itself.

In addition to PDLL, pregnant employees working at companies of 50 or more employees are entitled to take "baby bonding leave" under the California Family Rights Act. Baby bonding leave doesn't require a showing of "disability"--it is protected job leave, just like PDLL, for an additional 12 weeks after birth. Again, though, PDLL is only available if you work at a company with 50 or more employees. Less than that and you have no entitlement to baby bonding leave.

With regard to wage replacement, California's Paid Family Leave permits employees to obtain up to 6 weeks of partial wage replacement while they are out on pregnancy leave. In order to be eligible for Paid Family Leave, the employee must have contributed to the State Disabilty Fund (SDI), which virtually all employees do. There is a 7 day waiting period for PFL to kick in. See here for more information: http://www.edd.ca.gov/disability/FAQ_PFL_Benefits.htm'

Paid Family Leave and PDLL run concurrently, so PDLL will protect your job while PFL will provide you with wage replacement while you are gone. CFRA baby bonding leave is in addition to PDLL--they DON'T run concurrently.

With regard to your other questions, employees do not need to pay employers or the state back for wage replacement they receive while absent from work due to their pregnancy. It is also illegla to discriminate against employees on the basis of pregnancy. This is a form of gender discrimination and employers cannot disqualify applicants for a job on the basis of pregnancy or anticipated pregnancy.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes and kindest regards.
Customer: replied 11 months ago.

Thank you for your help. Can I apply for a job while on maternity leave and can they disqualify me due to being on leave?

Expert:  Patrick, Esq. replied 11 months ago.
Christine,

You are very welcome. It is truly my pleasure to assist you.

There is nothing inherently wrong with applying for a job while on maternity leave. However, you can be denied employment if the prospective employer has a legitimate need to fill the position immediately. That no longer amounts to gender/pregnancy discrimination, since there is a business necessity to hire someone as soon as possible.

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: 7216
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:

    857
    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:

    332
    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:

    3511
    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.