EDD SDI pregnancy disability rights - employer missed 10-day response window for my pre-delivery leave request

This exact same thing happened to me last year! My HR took 2 weeks to respond and then demanded extra documentation. I called EDD directly and they told me that I could still file my claim regardless of what my employer was doing. The EDD rep said my doctor's certification was what mattered most for SDI benefits.

You're absolutely right about the 10-day response window. Under the California Fair Employment and Housing Act (FEHA), employers must respond to accommodation requests within 10 days and engage in a timely, good faith interactive process. The fact that they waited 3+ weeks is concerning. Your next steps should be: 1. Document everything (dates of your request, when they responded) 2. File your SDI claim right away - don't wait for employer approval 3. Have your doctor complete the medical certification (DE 2501) if they haven't already 4. Notify your employer in writing that you're starting disability leave based on medical necessity Your disability benefits are determined by EDD and your doctor, not your employer's timeline.

In addition to what others have said, make sure you've created your SDI Online account and filed your claim there. Your doctor needs to certify your disability through SDI Online or by submitting the DE 2501 form. For pregnancy disability before birth, this certification is critical. I had a similar issue with my employer dragging their feet. I used Claimyr (claimyr.com) to get through to an actual EDD representative who confirmed I could proceed with my claim regardless of my employer's timeline. They have a video demo at https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd that shows how quick it is. It was worth it to get immediate answers rather than stressing about my employer's delay.

i m a server too and was pregant last year. dont worry about ur work, they ALWAYS try this stuff. my boss tried to make me keep working even tho my feet were swollen like balloons!! just have ur doctor submit the form directly to EDD and ur good to go. the resturant cant stop ur benefits, only EDD decides that!

I don't think anyone mentioned this but you should also know that pregnancy disability can actually be up to 4 weeks BEFORE birth and up to 6-8 weeks AFTER birth depending on delivery type. Don't let your employer confuse you about what you're entitled to. And that's BEFORE you even start Paid Family Leave for bonding, which is another 8 weeks! When my employer tried pulling the same stunt, I printed out the EDD pregnancy disability fact sheet and handed it to HR. They backed off REAL quick once they saw I knew my rights.

Is anyone else FURIOUS about how pregnant women get treated in the workplace?? I had almost the identical situation last year and my boss had the nerve to ask if I could "just keep working until labor starts" even after my doctor wrote a note! I ended up filing a complaint with DFEH (now called CRD - Civil Rights Department) after my employer kept harassing me about returning early. Spoiler alert: they backed down fast when the state got involved.

Quick update to my earlier comment: I just want to clarify that your employer's failure to respond within 10 days doesn't automatically mean they've waived their right to request documentation. However, it does demonstrate they weren't engaging in the interactive process in good faith as required by law. The most important thing is that you don't need employer approval to receive SDI benefits. As long as your doctor certifies your disability, EDD will process your claim. Your employer's delay is a separate labor issue that doesn't prevent you from receiving benefits. Document everything, file your claim, and focus on your health right now. You can address the employer compliance issues after your benefits are secured.

Anyone else notice how the rules for pregnancy disability are SO confusing? Like I thought it was 6 weeks before birth but it's actually 4? And then there's PDL vs SDI vs PFL and it's like trying to solve a puzzle while your brain is in pregnancy fog. Why can't they make this simpler???

I went through something very similar when I was pregnant with my daughter. My employer also missed the 10-day window and then tried to delay things further by requesting "additional medical documentation" that wasn't even necessary. Here's what I learned: your employer's delay tactics don't affect your SDI eligibility at all. EDD processes your claim based on your doctor's medical certification, not your employer's approval or timeline. I'd recommend calling the EDD disability line (though it can be hard to get through) or using one of those callback services others mentioned to confirm your claim status. Also, keep detailed records of all communication with your employer - dates, emails, everything. Their failure to respond timely could be relevant if you need to file a complaint later. Focus on getting your benefits secured first, then worry about any workplace issues. Your health and your baby's health come first!