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!