Can I cancel PFL claim if I have to return to work? New mom job security issue
I'm in a super stressful situation and hoping someone can help! I just finished my pregnancy disability leave last week (had my baby 6 weeks ago), and immediately applied for baby bonding PFL. Today my HR dropped a bombshell - they won't hold my position because I haven't been at the company for a full 12 months yet (started 9 months ago). I'm panicking because I need my job, but EDD is already processing my PFL claim. If I go back to work next week, but then EDD approves my claim and sends me money, what happens?? Can I cancel the PFL claim partway through? Would I get in trouble for receiving benefits while working? Is there ANY way to handle this without spending hours trying to reach someone at EDD? I tried calling twice today and couldn't get past the automated system. Has anyone dealt with this specific situation before?
18 comments
PixelWarrior
ugh this happened to my sister!!! her company did the SAME thing last year. she only worked there 10 months before having her baby. so messed up that they waited until AFTER her disability ended to tell her this!!
0 coins
Liam Fitzgerald
•Right?? I specifically asked about leave policies when I was hired and they were super vague. Now I'm stuck with a 6-week-old and might lose my job ðŸ˜
0 coins
Amara Adebayo
You need to understand your rights here. Under CFRA (California Family Rights Act), you're right that you need 12 months with your employer to qualify for job protection during baby bonding leave. However, with PFL, you're still eligible for the wage replacement benefits through EDD regardless of your job protection status. To answer your specific question - yes, you can stop a PFL claim if you return to work. You must report your return to work date to EDD immediately. When you certify for benefits, you'll need to report any work and earnings. If you don't properly report your work status, it could be considered fraud and potentially lead to penalties. If you return to work, you can actually save the remaining PFL weeks to use later (within 12 months of the birth). It doesn't have to be taken all at once.
0 coins
Liam Fitzgerald
•Thank you! This is really helpful. I didn't realize I could save some of the PFL weeks for later use. So once I know my return-to-work date, I should call EDD right away, correct? And I can just stop certifying once I'm back at work?
0 coins
Giovanni Rossi
Just to clarify something important here - don't confuse BABY BONDING (PFL) with FMLA/CFRA job protection!!! These are COMPLETELY DIFFERENT things that people mix up all the time! PFL = money from EDD while you're off work FMLA/CFRA = job protection laws You can get PFL money even if you don't qualify for FMLA/CFRA! But your employer doesn't have to hold your job without the FMLA/CFRA qualification (which you don't have at 9 months employment). This is why California's system is SO FRUSTRATING!!!!!
0 coins
Fatima Al-Mansour
•This is absolutely correct. The California system has these two separate components that people often confuse: 1. Paid Family Leave (PFL): This provides wage replacement (around 60-70% of your salary) while you're on leave. You qualify for this based on your EDD contributions, not your length of employment. 2. Job Protection (FMLA/CFRA): This requires 12 months at your employer and protects your job while you're away. You can receive PFL benefits without having job protection, which seems to be your situation.
0 coins
Dylan Evans
Calling is literally the ONLY way to properly handle this. I know it sucks, but if you don't want to risk an overpayment situation, you need to talk to a real person at EDD. I had to cancel part of my PFL last year when my company restructured, and the online system doesn't handle these situations well. You might end up with an overpayment notice months later if you don't get it documented properly by phone.
0 coins
Sofia Gomez
•After trying to get through to EDD for a week straight for my PFL issue, I found this service called Claimyr that connected me to an EDD rep in about 10 minutes. Best $20 I ever spent honestly. They have a video showing how it works at https://youtu.be/DOLxZQb92wM?si=6N1iCQ3a8Cdb2Ay5 and their website is claimyr.com. I was super skeptical but it actually worked and saved me like 2 days of redialing. For something this important with your benefits and possible overpayment, definitely worth talking to someone directly.
0 coins
Fatima Al-Mansour
To properly handle this situation: 1. Document your return-to-work date 2. Call EDD to report this change (yes, calling is necessary for this specific situation) 3. On your bi-weekly certification, accurately report your work and earnings 4. Keep all documentation of your communication with EDD If you do receive benefits after returning to work, DO NOT cash the check or spend the direct deposit. Contact EDD immediately to arrange repayment. Also, something to consider: You could potentially negotiate with your employer for a shorter leave period to preserve your job while still using some of your PFL benefits. Some employers are willing to be flexible even if they're not legally required to hold your position.
0 coins
Liam Fitzgerald
•Thank you for the clear steps! I've actually talked to my manager about a possible part-time return for a few weeks. If I work part-time, can I still collect partial PFL benefits? Or is it all-or-nothing?
0 coins
Amara Adebayo
You can receive partial PFL benefits while working part-time, but you must report all earnings during your certification periods. Your weekly benefit amount will be reduced according to your part-time earnings. The formula they use is somewhat complicated, but essentially, if you earn less than your weekly benefit amount, you'll receive a partial payment. If you earn more than your weekly benefit amount in a given week, you won't receive benefits for that week. Just be very careful to report accurately. Many overpayment situations happen because of misreported earnings during partial work periods.
0 coins
StormChaser
•my friend did this last yr went back part time after baby an got partial pfl. she said the bi weekly form asks how many hours u worked each day and what u earned. just fill it out super accurate or theyll come after u later!!
0 coins
Giovanni Rossi
The California system is SUCH A MESS!! I'm in HR and I see this confusion ALL THE TIME with our employees. The state should really combine these programs or at least make them clearer!!! One thing to watch out for - if you cancel your claim entirely and then try to restart it later (like if you wanted to take some leave later in the year), it can be REALLY complicated. Sometimes better to report your work and get $0 for those weeks but keep the claim open. Then you don't have to refile if you need time off again later!
0 coins
Fatima Al-Mansour
•This is excellent advice. Keeping the claim open by certifying (even with work and earnings reported) is often easier than closing and reopening a claim. The system allows for intermittent PFL use within the 12-month period following the qualifying event (birth of your child). Just remember that your 8-week PFL entitlement is the maximum within that 12-month period, so if you use 2 weeks now and return to work, you would have 6 weeks remaining that you could use later.
0 coins
Liam Fitzgerald
Thank you everyone for all this helpful information! I just got off the phone with my boss and we worked out a compromise - I'll come back part-time (25 hours/week) for the next 4 weeks, then reassess. This way I keep my job and still get to use some of my PFL benefits. I'm going to use that Claimyr service tomorrow to speak with EDD directly about how to properly report my part-time hours and make sure everything is documented correctly. I'll update here once I get it all sorted out in case it helps someone else in the future. I'm still disappointed about not getting my full bonding time with my baby, but at least this is a workable solution.
0 coins
Amara Adebayo
•That sounds like a good compromise. Remember to track your hours meticulously and report them accurately when certifying. Also, keep documentation of your communication with EDD regarding this change in case there are any issues later. And don't forget that you can use your remaining PFL time later in the year if needed - maybe around the holidays or another time when you might want extra time with your baby.
0 coins
PixelWarrior
make sure u get that part time agreement in WRITING!!! my friend had a "verbal agreement" with her boss for part time after baby and then they totally changed the hours on her when she came back!!
0 coins
Liam Fitzgerald
•That's a really good point! I'm going to email my boss tonight summarizing our conversation and ask for written confirmation of the schedule and duration we agreed to. Thank you for the tip!
0 coins