Can EDD PFL deny maternity leave for part-time workers? HR says I don't qualify
My manager just told me that since I only work 25 hours per week, I don't qualify for maternity leave protection or benefits. I'm due in late March 2025 and have been with the company for 18 months. When I asked HR about applying for maternity leave, they said part-timers don't get maternity benefits and I'd have to either quit or come back right after having the baby. This doesn't sound right to me? I thought California had special protections? I've paid into SDI on all my paychecks, so shouldn't I qualify for something? Getting really stressed about this as I'm already 5 months along.
17 comments


Clarissa Flair
Your HR department is WRONG and potentially breaking the law!! California PFL (Paid Family Leave) benefits are available to both part-time and full-time workers. If you've paid into SDI (which you confirmed you have), you qualify for PFL. You should be eligible for 8 weeks of baby bonding/maternity leave through the state. Also, CFRA (California Family Rights Act) was expanded to cover smaller employers, and if your company has 5+ employees, you may have job protection rights too. Even part-time! Print out the EDD benefit information from their website and bring it to your HR department. Their ignorance isn't an excuse!
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Eve Freeman
•Oh wow, really?? Thank you SO much! I'm going to look up that info tonight. Do you know if I need to apply through my employer or directly with EDD? My HR lady seems clueless and I'm worried they'll try to block my application somehow.
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Caden Turner
This happened to me last year! My employer (retail) tried telling me I didn't qualify because I only worked 22 hours weekly. Total lie. I applied for PFL directly through EDD and got approved for the full 8 weeks paid at about 60-70% of my salary. Your employer doesn't approve or deny your state benefits - EDD does. The only thing your employer controls is whether your job is protected while you're out. Look into CFRA/FMLA requirements to see if you qualify for job protection (depends on company size and your hours worked over the past year). Don't take HR's word for anything! They're often misinformed about California's specific laws.
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McKenzie Shade
•This! 👆 My HR said the SAME THING when I was pregnant and working 30hrs/week. They kept saying "you're not full time so you don't get benefits" but they were confusing their company policy with state law. EDD doesn't care if your part time as long as you made enough $$ in your base period (like $300+ in a quarter I think?). DONT LET THEM INTIMIDATE YOU!!
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Harmony Love
If you've been paying into SDI, you almost certainly qualify for PFL benefits. But there's an important distinction here: 1. STATE BENEFITS (PFL/SDI): These come from the state, not your employer. You apply through EDD, and as long as you've earned at least $300 in your base period and paid into SDI, you qualify regardless of hours worked. Part-time is fine. 2. JOB PROTECTION: This is separate. CFRA/FMLA laws provide job protection, but you need to have worked 1,250 hours in the past year (about 24hrs/week) and your employer needs 5+ employees for CFRA or 50+ for FMLA. So you might qualify for the money but not guaranteed job protection, depending on your specific situation. I'd recommend filing for Pregnancy Disability Leave (SDI) first when you deliver, then transition to PFL for baby bonding after.
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Eve Freeman
•This is super helpful, thank you! I definitely have worked more than 1,250 hours in the past year even at part-time, and my company has about 35 employees. So it sounds like I should qualify for both the benefits AND job protection? I'm going to start documenting all my conversations with HR just in case.
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Rudy Cenizo
just wanted to say my couson works 20 hours a week and got full maternity benefits from edd last year so ur hr is def wrong. her job wasnt saved tho they replaced her while she was out but she got the money at least. btw start ur aplication early those things take 4ever to process!!
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Natalie Khan
•The job protection part depends on company size and hours worked. If the cousin worked less than 1,250 hours in the year before leave or if the employer had fewer than 5 employees, there wouldn't be job protection under CFRA. Still entitled to the money though!
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Daryl Bright
Trying to get through to EDD to ask questions about this stuff is a NIGHTMARE. I was in your exact situation (part-time, 28hrs/week) and spent DAYS trying to get someone on the phone to confirm my eligibility before applying. After getting disconnected 5 times, I found this service called Claimyr that got me connected to an EDD agent in about 20 minutes instead of the usual 4+ hour wait. Totally worth it for the peace of mind knowing I was filling everything out correctly. They have a demo of how it works here: https://youtu.be/DOLxZQb92wM?si=6N1iCQ3a8Cdb2Ay5 and the website is claimyr.com. The agent I spoke with confirmed that part-time work absolutely qualifies as long as you've paid into SDI.
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Eve Freeman
•Thank you! I've been trying to call them but keep hitting dead ends. I'll check this out because I really need to talk to someone official since my HR is giving me wrong information.
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Sienna Gomez
ok so i work in payroll (not HR) and this drives me CRAZY. your company cant "deny" you PFL. thats not how it works!!! PFL comes from the state not ur employer!! if u paid into SDI then apply directy to EDD. ur work has NOTHING to do with approving it! but warning - PFL pays less than ur regular paycheck usually around 60% of ur normal wage. and also make sure u apply for PDL (pregnancy disability) FIRST for the birth/recovery period (usually 6-8wks) and THEN do PFL after. dont start with PFL or ull lose money!!
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Harmony Love
•This is such an important point! The correct order is: 1) Pregnancy Disability Leave (PDL) through SDI - covers 4 weeks before birth and 6-8 weeks after birth depending on delivery type 2) THEN transition to PFL for the 8 weeks of baby bonding If you don't do it in this order, you'll potentially leave money on the table. The forms are different too - DE2501 for disability and DE2508 for PFL.
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McKenzie Shade
This makes me so mad!!!! Employers in CA do this ALL THE TIME hoping employees don't know their rights. My sister's workplace told her the exact same thing and she believed them and didn't take any leave! Found out later she could have gotten the full benefits. Don't make the same mistake - apply directly with EDD and ignore whatever BS your employer is telling you.
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Eve Freeman
•That's awful about your sister! I'm definitely going to apply no matter what HR says. Just want to make sure I do it right. Thanks for the support - it's really helping me feel more confident about pushing back.
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Natalie Khan
One thing nobody has mentioned yet - you should apply for your Pregnancy Disability Leave first (using form DE2501), which gives you 4 weeks before your due date and 6-8 weeks after delivery (depending on vaginal vs c-section delivery). THEN you transition to PFL baby bonding for 8 weeks using form DE2508. Both are available to part-time workers who have paid into SDI. Your HR department is either confused about company benefits vs. state benefits, or they're deliberately misleading you. Either way, go directly through EDD's website to apply. Also, document all conversations with HR in case you need to file a complaint later.
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Harmony Love
•Excellent point about documenting conversations - California takes these rights very seriously, and if the company retaliates in any way for taking legally protected leave, there could be significant penalties.
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Kaitlyn Jenkins
I'm so sorry you're dealing with this stress during your pregnancy! Your HR department is absolutely wrong about part-time workers not qualifying for California PFL benefits. I work in employment law and see this misinformation all the time - employers often confuse their own company policies with state-mandated benefits. Since you've been paying into SDI (which you confirmed), you're entitled to both Pregnancy Disability Leave AND Paid Family Leave regardless of your part-time status. Here's what you need to know: - Apply directly through EDD, not through your employer - Your company cannot block or deny your state benefits - Start with Pregnancy Disability Leave (Form DE2501) for birth/recovery - Then transition to PFL (Form DE2508) for baby bonding - Total you could get up to 16-18 weeks of benefits For job protection, since you have 35+ employees and worked 1,250+ hours, you should qualify under CFRA too. I'd recommend contacting the California Department of Fair Employment and Housing (DFEH) if your employer continues to provide false information or retaliates. Don't let them intimidate you - these are YOUR rights!
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