Can I get EDD PFL benefits without qualifying for FMLA? Employer says I might not get paid

Yes, you're correct! California PFL and FMLA are completely different programs. PFL is a state benefit paid through EDD while FMLA is federal job protection. For PFL eligibility, you need to have contributed to SDI (State Disability Insurance) through payroll deductions during your base period. There's no minimum employment time with your current employer required for PFL eligibility. Your employer might be confusing job protection with wage replacement. Even without FMLA, you can receive PFL benefits for baby bonding - but your job might not be protected unless you qualify for CFRA (California Family Rights Act) which does require 12 months of service.

OMG I had the EXACT same issue last yr!!!! My supervisor kept saying I wouldn't get pay but EDD paid me anyway. Your boss is WRONG. Call EDD to confirm but I'm 99.9% sure your fine to get paid if you've been paying SDI taxes. CA doesn't care how long you've been at your job for the $$$. Just matters for if they have to keep ur job open.

I went through something similar when I had my baby in 2024. Your employer is confusing two completely different things. FMLA/CFRA = Job protection (requires 1 year at company) PFL = Wage replacement (through EDD, no minimum time at company) You can absolutely get PFL baby bonding benefits without qualifying for FMLA. You just need to have paid into SDI through paycheck deductions during your base period (usually 5-17 months before your claim). The tricky part is that without FMLA/CFRA protection, your employer technically isn't required to hold your position while you're on leave. Some employers still will, but they're not legally obligated to without FMLA eligibility. I'd suggest filing your PFL claim online through EDD as soon as possible. The process is pretty straightforward, and you'll likely get approved if you've been paying into SDI. Also, get clarity in writing from your employer about whether they'll hold your position during your extended leave.

There's no waiting period between pregnancy disability leave and PFL baby bonding. They can be taken consecutively. After your disability claim ends (usually 6-8 weeks post-birth), you can immediately start your 8 weeks of PFL baby bonding. Just make sure you've submitted your DE2501F form for pregnancy disability first, and then file the DE2508 for PFL baby bonding. The transition should be seamless if done correctly. When I did it, I applied for PFL about a week before my disability claim ended just to make sure there was no gap in payments.

Just wanted to add here that even though you don't have FMLA protection, California actually has the Pregnancy Disability Leave Law that protects your job during pregnancy and recovery time (usually 6-8 weeks). This applies to companies with 5+ employees and doesn't have a length-of-employment requirement. So you likely had job protection for the first part of your leave, but the additional 8 weeks of baby bonding time might not be protected without FMLA/CFRA. Doesn't hurt to check with your HR again though - some companies have their own parental leave policies that go beyond the legal minimum.

I went through this same issue last year - so frustrating! You 100% can get PFL benefits even without FMLA eligibility. Your employer is wrong about this. BUT - I tried calling EDD to clarify this and spent literally 4 hours on hold before getting disconnected TWICE. So maddening. I eventually used Claimyr (claimyr.com) to get through to EDD within 5 minutes. They have this service that calls EDD for you and connects you once an agent is on the line. Saved me so much time and frustration. They have a video showing how it works: https://youtu.be/DOLxZQb92wM?si=6N1iCQ3a8Cdb2Ay5 The EDD agent confirmed I was eligible despite not qualifying for FMLA, and I got my full 8 weeks of baby bonding paid without any issues. Job protection is a different story, but the payment definitely came through.

Just to add my 2 cents - I took PFL baby bonding after only working 7 months at my job. My employer tried to tell me I wasn't eligible but they were WRONG!!!! I got paid the full 8 weeks from EDD. Its sooo annoying how even HR departments don't understand the difference between FMLA and PFL!!!!!

I have a somewhat related question - how long did everyone's PFL payments take to process? I filed last month and still waiting...

UPDATE: I wanted to thank everyone for the advice! I followed up with my employer who confirmed that while my job isn't guaranteed protection for the full 8 weeks of baby bonding (since I don't qualify for FMLA/CFRA), they will try to accommodate my return. More importantly, I filed my PFL claim online yesterday for the baby bonding period. It was pretty straightforward and the EDD website confirmed I should be eligible for benefits regardless of my length of employment with my current company. I'm still nervous about the job security part, but at least I know I'll have some income during this important time with my baby. Thanks again for clarifying the difference between PFL benefits and FMLA protection - my employer was definitely mixing them up!

Congratulations on your baby! I'm so glad you got this sorted out. Your situation is unfortunately super common - I work in HR and see this confusion between FMLA job protection and PFL wage replacement all the time. Just a couple quick tips for your PFL claim: Make sure you have your baby's birth certificate ready (you'll need to upload it), and if you haven't already, ask your doctor to complete the medical certification section. The process is usually pretty smooth once you have all the documents. Also, even though your employer can't guarantee your exact position back without FMLA protection, many companies will still work with you - especially if you've been a good employee. It's worth having an honest conversation about your return date and any flexibility they might offer. Enjoy this precious time with your little one! Those first few months go by so fast.

I'm going through something very similar right now! My HR department also confused FMLA eligibility with PFL benefits when I asked about extending my maternity leave. It's so frustrating when the people who are supposed to know these things give you incorrect information. What really helped me was printing out the official EDD PFL eligibility requirements and showing them to my supervisor. The key point is that PFL only requires that you've paid into SDI during your base period - it has nothing to do with how long you've worked for your current employer. I've been paying SDI taxes for over two years across different jobs, so even though I've only been at my current company for 10 months, I'm fully eligible for the 8 weeks of baby bonding pay. The job protection issue is separate and more complicated, but at least the financial support is there. Hope your claim processes smoothly! It's such a relief when you finally get confirmation that you'll have some income during this important bonding time.

I'm so glad you were able to get this figured out! Your story really resonates with me because I went through something almost identical when I had my daughter last year. My HR department kept insisting I wasn't eligible for any paid leave since I'd only been there 9 months, but they were completely wrong about the PFL portion. What's really frustrating is how common this confusion seems to be. It makes me wonder how many new parents are missing out on benefits they're entitled to simply because their employers don't understand the difference between state disability programs and federal job protection laws. For anyone else reading this thread who might be in a similar situation - don't just take your employer's word for it if they say you're not eligible for PFL. The EDD website has really clear eligibility information, and as long as you've been paying into SDI through your paychecks, you're very likely qualified regardless of how long you've been at your current job. Enjoy your bonding time with your little one - those 8 weeks are so precious and you definitely deserve that time together!

This is such an important conversation! As a new parent myself, I can't stress enough how crucial it is to understand these distinctions. One thing I'd add is that you should also check if your employer offers any supplemental parental leave benefits beyond what's legally required. Some companies have policies that provide job protection even when FMLA doesn't apply, or they might offer additional paid time off for new parents. Also, make sure to keep detailed records of all your communications with HR about this topic. If there are any issues with your return to work later, having documentation of what was promised or discussed could be really helpful. The fact that so many HR departments mix up PFL and FMLA eligibility is honestly concerning. These are two completely separate systems - one is about getting paid (PFL through EDD) and the other is about keeping your job (FMLA/CFRA protection). More employers need training on California's specific leave laws! Wishing you all the best with your new baby and hoping everything works out smoothly with both your PFL claim and your job situation!

I'm so sorry you had to deal with this confusion during such an important time! As someone who works in employee benefits, I see this mix-up between PFL and FMLA eligibility constantly. Your employer is absolutely wrong about the PFL eligibility. California PFL is funded through SDI contributions that are deducted from your paycheck, and as long as you've been paying into that system during your base period (typically 5-17 months before your claim), you're eligible regardless of how long you've worked for your current employer. The key thing to remember is that PFL provides wage replacement (about 60-70% of your wages) but doesn't guarantee job protection. That's where FMLA/CFRA comes in - those laws protect your position but don't provide pay. Since you filed your claim, you should receive a determination notice from EDD within about 2 weeks. If approved, payments usually start pretty quickly after that. Just make sure you're submitting your continued claim forms on time to avoid any delays. It's really frustrating that HR departments often don't understand these distinctions, but you did the right thing by researching it yourself and filing the claim. Enjoy this precious bonding time with your little one - you've earned it!

I'm so glad you were able to get this sorted out! Your experience really highlights how important it is for new parents to advocate for themselves when employers don't understand these programs. Just wanted to add that if anyone else is reading this and facing similar confusion - the EDD website has a great FAQ section specifically about PFL eligibility that you can share with your HR department. Sometimes showing them the official source helps clear up the misconceptions. Also, while you're waiting for your PFL determination, make sure you're continuing to certify for any remaining pregnancy disability benefits if applicable. The transition between programs should be seamless, but it's always good to double-check that there are no gaps. Congratulations on your new baby, and I hope you get to enjoy every moment of those 8 weeks of bonding time! It's so worth fighting for these benefits that you've rightfully earned through your SDI contributions.

I'm a new member here but wanted to chime in because I just went through this exact situation 3 months ago! My employer told me the same thing - that I wouldn't get any paid leave because I hadn't been there a full year. I was so stressed about it. Turns out everyone here is absolutely right - PFL and FMLA are totally separate things. I had been paying SDI taxes at my previous job for over a year before switching companies, so I was fully eligible for the 8 weeks of baby bonding pay even though I'd only been at my new job for 6 months. The hardest part was actually explaining this to my manager who kept insisting I was wrong. I ended up bringing in the official EDD eligibility requirements (like someone else mentioned) and that finally convinced them. Got my full 8 weeks paid, no issues at all. The job protection thing was trickier - my company didn't have to hold my exact position, but they worked with me and found me a similar role when I came back. Not ideal, but better than I expected. Don't let your employer's confusion stop you from filing your claim! You've earned these benefits through your paycheck deductions. File as soon as possible so there's no delay in payments.

This thread has been incredibly informative! As someone who's currently 32 weeks pregnant and starting to research maternity leave options, I had no idea about this common confusion between PFL and FMLA eligibility. I've been at my current job for about 10 months, so I was worried I might not qualify for any paid leave. But reading through everyone's experiences here, it sounds like I should be eligible for PFL benefits since I've been paying SDI taxes for the past 4 years across different employers. It's honestly shocking how many HR departments seem to mix these up. Makes me want to do my homework now before I even approach my employer about leave plans. Does anyone have recommendations for the best resources to share with HR to educate them about the differences between state PFL benefits and federal job protection laws? Thanks to everyone who shared their stories - this has been such a helpful reality check about what to expect!

As a new parent who went through this same confusion, I can't emphasize enough how important it is to trust the official EDD sources over your employer's interpretation! I was in almost the exact same boat - only 9 months at my company when I had my baby, and my HR person kept insisting I wouldn't get paid leave. Thankfully I found communities like this one that helped me understand the difference between PFL wage replacement and FMLA job protection. The key thing to remember is that California PFL is funded by YOUR payroll deductions into SDI - it has nothing to do with your employer or how long you've worked there. As long as you've been paying into the system during your base period, you're entitled to those benefits. I ended up filing online through the EDD portal and got approved within about 10 days. The whole process was much smoother than I expected, especially after all the confusion from my employer. One tip: when you file your PFL claim, make sure you have your baby's birth certificate ready to upload. Also, if you haven't already, you might want to send your employer a brief email clarifying that you'll be taking state PFL benefits (not company leave) so there's no confusion about the source of your wage replacement. Enjoy this precious bonding time with your little one - you've absolutely earned it through your SDI contributions!