Can I still take PFL for baby bonding after disability if employer already put me on company leave?
I'm so confused about my leave options right now! I had a baby in December and I've been on Short-Term Disability through my employer's private plan. My employer has already designated me as being on 'baby bonding leave' after my STD ended, even though I haven't actually filed for Paid Family Leave (PFL) through the state yet. My HR says I need to return to work on March 1st, but I'm trying to get my disability extended because I'm not fully recovered. What I'm really confused about is - can I still apply for the state's PFL baby bonding benefits AFTER my disability ends, or does the fact that my company already classified me as on 'company baby bonding leave' prevent me from getting the state benefits? I thought I had up to a year after birth to use the PFL, but now I'm worried that my window has closed because my company already used their designation. Anyone dealt with anything similar or know how this works? Super stressed about potentially losing thousands in benefits!
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Levi Parker
yea this happened to me last year. your company's baby bonding leave and state PFL are TOTALLY SEPARATE things!!! you can absolutely still apply for PFL even if your employer already put you on their own version. you definitely have a full year from your baby's birth date to use state PFL. don't let your employer bully you out of your state benefits, they have nothing to do with each other!!
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Savannah Weiner
•Oh thank goodness! I was getting so worried they were somehow the same thing. So even if I go back to work, then decide to take PFL later this year, that's allowed? My HR wasn't clear about this at all.
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Libby Hassan
To be honest, this is confusing af. When I had my baby, I did disability first (SDI) then PFL right after. Nobody told me I could split them up. Are you sure you can still get PFL later? I thought it had to be continuous after disability.
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Hunter Hampton
•You absolutely CAN take PFL for bonding anytime within the first 12 months after birth/placement. It doesn't have to immediately follow your disability period. However, if you want to take it intermittently (not all at once), you need to negotiate that with your employer - the default is a continuous 8-week leave period. The EDD website clearly states this under their PFL Bonding section. The important distinction: your employer's leave policies and STATE benefits are separate things. Your employer may have specific rules about when you can take your company leave, but that doesn't affect your eligibility for state benefits.
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Sofia Peña
This is common confusion. What's happening: 1. Your employer-provided STD and baby bonding leave are their COMPANY policies 2. California State Disability Insurance (SDI) and Paid Family Leave (PFL) are STATE benefits you pay into via payroll deductions You have the right to take PFL for bonding anytime in the 12 months after birth. The catch is that while your job is protected for the first baby bonding leave under CFRA/FMLA (if you qualify), it might not be protected for a second separate bonding leave period if you return to work first. So you can absolutely claim state PFL benefits within the first year, but the job protection part gets complicated if you split it up.
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Aaron Boston
•Wait, so she can get state money but might lose her job? That seems messed up. I thought California protected your job for baby bonding?
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Aaron Boston
Im in a similar situation and called EDD like 20 times trying to get answers. Never got through!! So frustrating. The website wasn't clear either. I think your employer cant deny u the time off for bonding but im not 100% sure... good luck!
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Sophia Carter
•Have you tried Claimyr? It's the only way I got through to an actual EDD agent. I was in the same situation last month and needed to talk to someone about my disability extension before starting PFL. You can see how it works here: https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd and their website is claimyr.com. Got me through to a rep in like 20 minutes when I had been trying for days on my own.
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Chloe Zhang
Your company sux. When I had my baby they handled EVERYTHING with the state for my disability and PFL. I didnt have to do anything but sign papers. Honestly just call HR again and tell them you want to take STATE PFL and they should help you.
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Brandon Parker
•Not all companies handle the state benefits for you, especially if they have their own private short term disability plans. Many people have to file their own claims with CA EDD for the state benefits portion. It's actually quite common.
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Sofia Peña
Here's what you need to know about extending your disability: 1. You'll need a doctor to certify that you still can't work due to your pregnancy/birth-related medical condition 2. Submit the extension paperwork BEFORE your current disability period ends 3. If approved, you can then take PFL for bonding after the extended disability period For the question about taking PFL later in the year - yes, you technically can claim the PFL benefits anytime in the first 12 months. BUT if you return to work after disability and then want to take more time off later, the job protection part gets complicated. Your employer might not be required to hold your position if you've already used up your FMLA/CFRA protected leave time.
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Savannah Weiner
•This is so helpful. I've been stressing because my recovery has been harder than expected. My doctor is willing to extend my disability, so I'll make sure to get that paperwork in ASAP before the current period ends. Then I can decide about the PFL timing once I'm actually recovered.
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Brandon Parker
Just to add a bit more clarity - there are actually 4 different things at play here: 1. FMLA/CFRA - federal and state job protection laws (unpaid, but protect your job) 2. Your employer's own leave policies (paid or unpaid, varies by company) 3. State Disability Insurance (SDI) - state benefit for YOUR medical recovery 4. Paid Family Leave (PFL) - state benefit for bonding with new child You can claim the STATE BENEFITS (#3 and #4) regardless of what your employer calls your leave, as long as you meet eligibility requirements. The bonding PFL can be taken anytime in the first 12 months after birth. The confusion happens because employers often use these terms interchangeably or incorrectly. Talk to your doctor about the disability extension first, then contact EDD directly about your PFL options.
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Savannah Weiner
•Thank you for breaking this down! I think my employer was mixing up all these things in our conversations, which led to my confusion. I'll focus on the disability extension first, then figure out the PFL timing.
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Levi Parker
ALSO dont forget that when ur applying for PFL make sure you check if your employer requires you to use vacation/PTO first!!! some do and if you don't use it first they might deny your leave!!!! happened to my sister and she had to fight with HR for WEEKS
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Brandon Parker
•That's only partially correct. Employers can require you to use up to two weeks of vacation/PTO before receiving PFL benefits, but they cannot require you to use sick leave. And this only affects the timing of your PFL benefits, not your eligibility or right to take the leave itself.
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Hunter Hampton
To summarize what others have said and address your specific situation: 1. You absolutely CAN take state PFL baby bonding benefits even though your employer already classified you as on their company baby bonding leave 2. You have up to 12 months from your child's birth date to use PFL benefits 3. If you're getting your disability extended, the PFL would typically start after your disability ends 4. The main complication is job protection - while you're eligible for state PFL benefits anytime in the first year, your employer might not be required to hold your position if you split up your leave and return to work in between I recommend: - Get your disability extension paperwork in immediately - File for PFL immediately after your disability ends (using form DE 2501F) - Clarify with your HR what job protections you have under their policies and CFRA/FMLA You deserve both your recovery time AND your bonding time!
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Savannah Weiner
•Thank you so much for this clear breakdown. This is exactly what I needed! I have an appointment with my doctor tomorrow to complete the disability extension paperwork, and I'll make sure to discuss the timing with my HR department. It sounds like I should be able to get the state benefits I'm entitled to!
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