Can I get EDD PFL & SDI as a per diem worker rejected for FMLA/CFRA baby bonding?

YES! You absolutely can and SHOULD apply for state disability (SDI) and PFL through EDD! Your employer is talking about their own company policies and federal FMLA/CFRA which are completely separate from California state benefits.\n\nCalifornia SDI and PFL eligibility is based on your earnings during your base period (usually 5-18 months before your claim), not your employment status or hours. If you've been paying into SDI through payroll deductions (check your paystubs for \

OMG this makes me feel so much better! I was literally losing sleep over this. I definitely have the CASDI deduction on my paystubs - about 1% of my wages each check. \n\nTwo follow-up questions if you don't mind:\n1. Does my doctor need to certify my disability claim or can I just apply on my own?\n2. Will the EDD contact my employer when I apply? I'm worried they'll somehow block it since they already said I don't qualify for leave.

you can 100% apply for state benefits!!! ur employer is talking bout company benefits which r different. i had almost the same situation when i had my baby last yr. i was part time at a restaurant and got NOTHING from them but still got edd payments!!! \n\nthe only thing that matters is if u paid into state disability from ur paychecks (most ppl do

I had a similar situation last year - part-time retail worker and my company also said I didn't qualify for company leave. But I still got EDD benefits! Your employer is just talking about their own policies, not state benefits.\n\nTo answer your follow-up questions to the other poster:\n\n1. Yes, your doctor WILL need to certify your disability claim. When you apply for SDI, you'll provide your doctor's info, and the EDD will send them a form to complete. Make sure to tell your doctor you're applying!\n\n2. EDD does notify your employer about your claim, but only to verify your wages. Your employer CAN'T block your state benefits. They might contest unemployment claims, but not disability or PFL - those are your right if you've paid into the system.\n\nOne thing that helped me was using Claimyr to get through to an EDD agent when I had questions about my application. The regular phone line is impossible, but with Claimyr (claimyr.com) I got through in about 5 minutes. They have a video showing how it works: https://youtu.be/DOLxZQb92wM?si=6N1iCQ3a8Cdb2Ay5\n\nGood luck! Don't let HR make you think you're not entitled to state benefits!

wait this is super helpful! ive been on hold with EDD for HOURS trying to ask about transition from disability to baby bonding. going to try that service right now

Actually your situation is more complicated than people are making it seem. While it's true CA state benefits are separate from employer benefits, you still need to have earned enough in your base period to qualify. For claims filed in 2025, your base period would be roughly Oct 2023-Sept 2024.\n\nYou need to have earned at least $300 during that base period AND worked for an employer who contributed to SDI (or paid into it as a self-employed person). Since you've been working 20-30 hours weekly for 18 months, you probably meet this threshold, but it's not automatic.\n\nAlso, your employer CAN potentially cause problems if they incorrectly report your wages or employment status to EDD. I've seen this happen where HR departments told EDD someone was a \

Thank you for this detailed explanation! I make about $1,100-1,600 per month depending on how many shifts I pick up, so it sounds like I should meet that $300 threshold easily. My employer definitely takes out SDI contributions from my paycheck.\n\nWhat documentation should I gather before applying? Just paystubs or anything else? And should I talk to my doctor at my next appointment about this? I'm only 5 months along now.

The CA system is SO BROKEN!!! Don't count on getting benefits quickly even if you do qualify! I applied for pregnancy disability 3 months ago and my claim is STILL PENDING with no explanation!!! Called 42 TIMES and never got through to a human!!!!\n\nMy baby is already 6 weeks old and I haven't seen a PENNY from EDD!!!! Now they're saying I need to transition to PFL but how can I do that when my SDI claim isn't even processed???\n\nSorry to be negative but prepare yourself for a bureaucratic NIGHTMARE!!!

This happened to me too! My disability claim was pending for 2 months before it got approved. What finally worked was having my doctor's office call EDD directly - somehow they can get through on a special line. Ask your OB if they can help push your claim through once you apply.

i think everyones missing an important point here - your employeer said you dont have enough hours for FMLA/CFRA which means when you come back from having the baby they DONT have to hold your job for you. state benefits give you money but not job protection so just be aware of that

This is a really important point! OP, while you likely qualify for state benefits (SDI and PFL), your employer is correct that without FMLA/CFRA protection, they're not legally required to hold your position. Some employers will still do so as a courtesy, but they're not obligated to.\n\nYou might want to have a conversation with your manager (not just HR) about what their expectations are for your return. Get something in writing if possible about whether they plan to hold your position.

I just went through this exact situation! I was working part-time (25 hrs/week) and my employer also told me I didn't qualify for FMLA. But I still got CA disability for pregnancy and then PFL for baby bonding. \n\nOne tip: when you apply for disability, the EDD website asks for your \

Thank you so much for these specific tips! I hadn't even thought about the \

My friend works for EDD and said there's a huge difference between company leave (which you don't qualify for) and state benefits (which you probably do). Apply online at the EDD website for SDI about 4 weeks before your due date. Sounds like you've been working enough to qualify based on your contributions.\n\nAlso beware of the transition from SDI to PFL - thats where a lot of people get stuck in the system. You need to file for PFL right as your disability claim ends. Don't wait or there will be a gap in payments.

To answer your follow-up about documentation:\n\n1. Gather your last 5-6 months of paystubs showing SDI contributions\n2. Have your doctor's contact information ready when applying\n3. Know your employer's EDD account number (should be on your paystub) \n4. Have your planned last day of work and expected return date\n5. Birth date or expected delivery date (from your doctor)\n\nAnd yes, definitely talk to your doctor at your next appointment. They'll need to be prepared to certify your disability claim when the time comes. Many OB offices have staff dedicated to handling these forms since they do so many of them. \n\nAt 5 months along, you're doing the right thing by researching now! The actual application for SDI should happen about 9 days before your last planned work day (typically 4 weeks before due date).

This is so helpful - thanks for the specific list! I'll start collecting my paystubs now. One last question - when I transition from SDI to PFL for baby bonding, is there different paperwork for that part? Or does it automatically continue?