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Liam McConnell

Can I still file for PFL after employer considered me resigned for not returning after pregnancy SDI?

I'm in desperate need of advice! I was on pregnancy disability leave (SDI) and received my benefits with no issues. When I hit my 6-week recovery mark, my manager called asking when I was coming back. I honestly told them I couldn't return yet because I don't have childcare lined up for my newborn. Instead of offering me options, my manager just said "we accept your resignation" and ended the call!!! I'm completely shocked. I was planning to file for baby bonding PFL after my disability period ended, but now I'm technically "unemployed" as of what would've been my return date. Can I still apply for PFL even though my employer is considering me resigned? Has anyone dealt with something similar? I really need those 8 weeks of benefits to find childcare and get back on my feet. I'm freaking out because I didn't actually resign!

Yes, you absolutely CAN still file for PFL! Your eligibility for PFL is based on your earnings during the base period, not your current employment status. As long as you were employed and contributing to SDI during your base period (which you obviously were since you got SDI benefits), you're still eligible for PFL after pregnancy disability. Your employer can't just "accept a resignation" you never gave - that sounds like wrongful termination to me - but that's a separate issue from your PFL eligibility. File your claim right away!

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Thank you SO much! That's a huge relief. I'll file the PFL claim today. Should I mention anywhere in the application that my employer is saying I resigned? I'm worried they might contradict my claim somehow.

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CosmicCaptain

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omg thats crazy they cant just say ur resigned when u didnt quit!! but yea u can still get pfl. i got laid off during my pregnancy and still got both sdi and pfl after. just make sure u do the paperwork right. btw u might wanna talk to a lawyer about the job thing, sounds sketchy

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This is actually incorrect information. You CAN file for PFL after being terminated, but there are important details to understand. The key is whether you were actively employed during your base period (typically 5-18 months before your claim). Since you successfully received SDI, you've already established your base period wages and eligibility. Your employer cannot deny your PFL by claiming you resigned - that's a separate labor issue worth addressing with an attorney.

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THE SAME EXACT THING HAPPENED TO ME last year!!! I was on pregnancy disability and when I called to discuss coming back part-time, my boss said they "accepted my resignation" even though I NEVER RESIGNED!! I was able to get PFL baby bonding benefits for the full 8 weeks no problem. The EDD doesn't care about your current employment status for PFL eligibility as long as you qualified for SDI first. But I would DEFINITELY consult with an employment attorney about the fake resignation - sounds like wrongful termination which is illegal in California especially after pregnancy!

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Thank you for sharing your experience! That makes me feel so much better knowing you were in the same situation and still got your benefits. Did your employer try to fight your PFL claim at all? I'm worried mine might try to say I voluntarily quit.

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You should apply for PFL right away. Your eligibility is not tied to current employment status but to your previous wages in the base period. Since you received SDI, you're already qualified. Regarding the "resignation" - that's potentially pregnancy discrimination and wrongful termination. Document everything. Your employer cannot force you to resign simply because you need childcare arrangements after disability leave. This might violate both FMLA and CFRA protections. I'd suggest filing your PFL claim immediately and consulting with an employment attorney about the termination issue.

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Wish i had known this last year. My employer pulled the same stunt after my maternity leave and i just believed them when they said i couldnt get PFL because i was technically "resigned". lost out on thousands of dollars because i trusted my HR department :

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Dmitry Petrov

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Did you file for FMLA/CFRA protection before you went on leave? If so they legally cant fire you for taking protected leave. My sister just went through something similar and she was able to get her job back AND get the PFL benefits. But definitely file for PFL right away, thats money you deserve regardless of employment status!

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I filled out FMLA paperwork when I first went on pregnancy disability, but I'm not sure if it extends to the baby bonding period automatically or if I needed to file something separate? This is my first baby and I'm learning everything as I go.

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I ran into this EXACT issue when trying to reach EDD about my baby bonding PFL after being "laid off" during my maternity leave. I was on hold for HOURS and kept getting disconnected. Finally used this service called Claimyr (claimyr.com) and they got me connected to an EDD specialist in 10 minutes who confirmed I was still eligible for PFL even though I was technically unemployed. Total lifesaver. They have a video that shows how it works: https://youtu.be/DOLxZQb92wM?si=6N1iCQ3a8Cdb2Ay5 - definitely worth it to get a definitive answer from EDD directly instead of stressing for days!

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Thank you for the tip! I've been calling EDD for two days and can't get through. I'll check out that service - I really need to speak to someone ASAP to make sure I file everything correctly.

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CosmicCaptain

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my cousin works for edd and she says they see this ALL THE TIME. employers try to trick new moms into thinking they cant get benefits if they dont come back right away. total scam!! file ur claim and call edd to explain the situation. u paid into the system, u deserve ur benefits!!

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This is exactly right. I've seen too many employers try this tactic to avoid accommodating new parents. The law is on your side here - your PFL eligibility has nothing to do with your current employment status as long as you qualified through your base period earnings.

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Important clarification: PFL (Paid Family Leave) is a wage replacement benefit, not a job protection benefit. Your eligibility is based on your prior earnings and SDI contributions, not your current employment status. So yes, you can receive PFL even if unemployed. However, the situation with your employer is concerning. If your company has 5+ employees, you're likely covered under California Family Rights Act (CFRA), which provides 12 weeks of job-protected leave for baby bonding. Your employer cannot simply "accept your resignation" when you never resigned. This could be pregnancy discrimination under FEHA and wrongful termination. File your DE 2501F form for PFL immediately. Then consider consulting with an employment attorney about the termination issue.

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Thank you for the detailed explanation. My company has around 70 employees, so it sounds like I should have been protected under CFRA. I'll file for PFL today and look into legal consultation about the termination. I really appreciate the advice!

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Dmitry Petrov

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When I had my baby last year I had so many questions about all this stuff too! It's so confusing trying to figure out SDI vs PFL vs FMLA vs CFRA and all these things. I just wanted to enjoy my baby but instead spent hours on paperwork. Anyway I'm pretty sure you can get PFL no matter what because it's insurance you already paid into through your paychecks. Good luck with your sweet baby!

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This is why the system is SO BROKEN!! New parents already have enough stress without navigating this bureaucratic nightmare of different benefit systems. And then employers take advantage of the confusion to try to deny benefits. It's disgusting how new parents are treated in this country!

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I'm so sorry this happened to you! What your employer did is absolutely wrong - you cannot be forced to "resign" when you never actually resigned. That's likely wrongful termination and pregnancy discrimination. But YES, you can definitely still file for PFL! I work in HR and see this confusion all the time. Your PFL eligibility is based on the wages you earned during your base period (usually 5-18 months before your claim), NOT your current employment status. Since you successfully received SDI benefits, you've already proven you have qualifying wages. File your PFL claim immediately using form DE 2501F. Don't let your employer's illegal actions prevent you from getting the benefits you've already paid into through your payroll deductions. The 8-week baby bonding period is separate from your disability period and you're entitled to it. Also, definitely document everything about that phone call and consider consulting with an employment attorney. What they did violates both CFRA (job protection) and potentially FEHA (pregnancy discrimination). You deserve both your PFL benefits AND proper treatment from your employer. Hang in there mama!

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NeonNebula

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Thank you so much for this detailed explanation! It's really helpful to hear from someone who works in HR and sees these situations regularly. I was so panicked thinking I might lose my PFL benefits on top of everything else. I'm definitely going to file the DE 2501F form today and start documenting everything about that horrible phone call. Do you happen to know if there's a time limit on filing for PFL after the disability period ends? I want to make sure I don't miss any deadlines while I'm dealing with all this chaos.

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Liam O'Connor

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I'm so sorry you're going through this stressful situation! What your employer did sounds completely illegal - they can't just declare you "resigned" when you never actually quit. That's likely wrongful termination, especially since it happened right after your pregnancy disability leave. But here's the good news: YES, you can absolutely still file for PFL! Your eligibility for Paid Family Leave is based on your earnings during the base period (typically 5-18 months before your claim), not whether you're currently employed. Since you already qualified for and received SDI benefits, you've proven you have the necessary wage history to qualify for PFL too. File your PFL claim (form DE 2501F) immediately - don't let your employer's illegal actions cost you the benefits you've already paid into through your payroll deductions. You're entitled to those 8 weeks of baby bonding benefits regardless of what happened with your job. I'd also strongly recommend documenting that phone call where your manager "accepted your resignation" and consulting with an employment attorney. With 70+ employees, your company is definitely covered under CFRA, which means you should have had job protection for baby bonding leave. This sounds like pregnancy discrimination and wrongful termination. Don't let them intimidate you out of the benefits you deserve! File that PFL claim today and get the legal support you need. You've got this, mama! 💪

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Aaliyah Reed

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Thank you for the encouragement and clear explanation! It's such a relief to know I can still get my PFL benefits despite what my employer did. I'm definitely filing the DE 2501F form today - I was so worried I'd lose out on those 8 weeks of benefits that I've been paying into this whole time. The whole situation has been incredibly stressful on top of trying to care for a newborn. I really appreciate everyone in this community sharing their experiences and knowledge. It's helped me realize I'm not alone in dealing with employers who try to take advantage of new parents during such a vulnerable time.

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Steven Adams

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I'm so sorry you're dealing with this - what a terrible situation on top of having a newborn! But I have good news: you can absolutely still file for PFL even though your employer wrongfully terminated you. I went through something similar two years ago. My employer tried to say I "abandoned my job" when I couldn't return immediately after my c-section recovery because my doctor hadn't cleared me yet. I was terrified I'd lose my PFL benefits, but EDD told me my eligibility was already locked in based on my base period wages when I qualified for SDI. File your DE 2501F form RIGHT NOW - don't wait another day. Your PFL is completely separate from your employment status. You paid into this system through your paychecks, and you deserve those 8 weeks of baby bonding benefits. Also, please document everything about that phone call where they "accepted your resignation." What they did is likely illegal under CFRA since you have 70+ employees. I ended up getting a settlement from my employer after consulting with an employment attorney. Many will do free consultations for pregnancy discrimination cases. You've got this mama - don't let them steal what's rightfully yours! Focus on your baby and let the system work for you like it's supposed to. 💕

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Thank you so much for sharing your story - it's incredibly reassuring to hear from someone who went through the exact same thing! I can't believe how common this seems to be with employers taking advantage of new moms. The fact that you got a settlement gives me hope that there might be some justice in all this. I'm filing my DE 2501F today and already started writing down everything I remember from that awful phone call. It's such a relief to know that my PFL benefits are safe regardless of what my employer did. This community has been such a lifeline during one of the most stressful times of my life!

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This is absolutely infuriating! Your employer cannot just decide you "resigned" when you never actually quit - that's wrongful termination, plain and simple. I'm a labor attorney and I see this disgusting tactic way too often with new parents. YES, you can still file for PFL! Your eligibility is locked in based on your base period wages (which you already proved by getting SDI), not your current job status. File that DE 2501F form immediately - every day you wait is money lost. What your employer did likely violates multiple laws: CFRA (job protection), FEHA (pregnancy discrimination), and possibly FMLA. With 70+ employees, they absolutely should have protected your position during baby bonding leave. The fact that they terminated you for needing childcare arrangements is textbook pregnancy discrimination. Document EVERYTHING about that phone call - date, time, exact words used, witnesses if any. Then contact the California Department of Fair Employment and Housing (DFEH) to file a complaint. You may also want to consult with an employment attorney - many handle these cases on contingency. Don't let them intimidate you out of benefits you've already paid for through your paychecks. You deserve both your PFL money AND accountability for their illegal actions. Fight back!

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Thank you for weighing in as an attorney - this gives me so much confidence that I'm not overreacting to what happened! I was honestly second-guessing myself and wondering if maybe I did something wrong, but hearing from a legal professional confirms this was completely illegal. I'm filing my PFL claim today and will definitely contact DFEH to file a complaint. It's encouraging to know there are attorneys who handle these cases on contingency because I was worried about the cost of legal representation while dealing with lost income. I really appreciate you taking the time to outline all the laws they potentially violated - it helps me understand that this isn't just "unfair" but actually illegal behavior that I can fight.

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Nia Thompson

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I'm so sorry you're going through this nightmare situation! What your employer did is absolutely disgusting and unfortunately all too common. They're banking on you being too overwhelmed as a new parent to fight back. YES, you can definitely still file for PFL! I went through almost the identical situation 3 years ago. My employer told me I was "voluntarily terminating" when I said I needed a few extra days to arrange childcare after my disability period ended. I was devastated thinking I'd lose my baby bonding benefits, but EDD confirmed that PFL eligibility is based on your base period wages, NOT current employment status. Since you already received SDI, you've proven you have qualifying wages. File your DE 2501F form TODAY - don't let another day pass. You've been paying into this system through every paycheck and you deserve those 8 weeks of benefits. Also, please don't let them get away with this! What they did violates CFRA job protections and likely constitutes pregnancy discrimination. I ended up filing a complaint with DFEH and got a settlement that more than made up for the stress they caused. Document everything from that phone call and seriously consider legal action. You're not alone in this - so many of us have been through similar situations. Focus on your baby and claim what's rightfully yours! 💪

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Thank you so much for sharing your experience! It's incredibly validating to hear from so many people who've been through similar situations - it really shows how predatory some employers can be toward new parents. I'm definitely filing my DE 2501F today and will look into filing a DFEH complaint as well. Knowing that you got a settlement gives me hope that there's real accountability for this kind of illegal behavior. It's awful that we have to fight for benefits we've already paid into, but I'm feeling much more confident now thanks to everyone's support and advice in this thread!

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Micah Trail

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I'm so sorry you're dealing with this awful situation! As someone who works in benefits administration, I want to reassure you that YES, you can absolutely still file for PFL even though your employer wrongfully terminated you. Your PFL eligibility is based on your base period wages (typically 5-18 months before your claim), not your current employment status. Since you successfully received SDI benefits, you've already proven you have the qualifying wage history needed for PFL. You've been paying into this system through your payroll deductions, and you're entitled to those 8 weeks of baby bonding benefits regardless of what happened with your job. File your DE 2501F form immediately - don't let your employer's illegal actions cost you a single day of benefits you've already paid for. The fact that they "accepted your resignation" when you never resigned is likely wrongful termination and pregnancy discrimination, especially since your company has 70+ employees and should be providing CFRA job protection. Document everything about that phone call and seriously consider consulting with an employment attorney. Many handle pregnancy discrimination cases on contingency, so cost shouldn't be a barrier. You can also file a complaint with the California Department of Fair Employment and Housing (DFEH). Don't let them intimidate you - you deserve both your PFL benefits AND accountability for their illegal behavior. You've got this mama! Focus on your baby and claim what's rightfully yours.

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Kendrick Webb

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Thank you so much for the reassurance from someone who works in benefits administration - that really helps me feel confident about filing! I've been so stressed thinking I might lose my PFL benefits on top of everything else. It's such a relief to know that since I already qualified for SDI, my PFL eligibility is locked in regardless of my employment status. I'm filling out the DE 2501F form right now and will definitely look into filing a DFEH complaint. It's incredible how many people in this community have dealt with similar situations - it really shows there's a pattern of employers trying to take advantage of new parents when we're most vulnerable. I can't thank everyone enough for the support and guidance!

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This is absolutely heartbreaking and infuriating! Your employer's actions are completely illegal and unethical. As a new parent myself who went through a similar ordeal, I want to assure you that YES, you can definitely still file for PFL! Your eligibility for Paid Family Leave is locked in based on your base period wages - since you successfully received SDI benefits, you've already proven you qualify. The fact that your employer illegally "accepted a resignation" you never gave has ZERO impact on your PFL benefits. You've been paying into this system through every paycheck, and those 8 weeks of baby bonding benefits are rightfully yours. File your DE 2501F form immediately - today if possible! Don't let their illegal actions cost you even one day of benefits. I made the mistake of hesitating when something similar happened to me, and I regret not acting faster. What they did to you is textbook pregnancy discrimination and wrongful termination. With 70+ employees, they're absolutely required to provide CFRA job protection. Document everything about that phone call - date, time, exact words, everything you remember. Then file a complaint with DFEH and consider consulting with an employment attorney (many work on contingency for these cases). You're dealing with enough stress as a new parent - don't let them steal what you've already paid for. Focus on your precious baby and claim every benefit you deserve! This community has your back! 💪

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Ava Thompson

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Thank you so much for this incredibly supportive message! Reading everyone's responses has been such an emotional relief during what's been the most stressful time of my life. You're absolutely right that I need to act fast - I'm submitting my DE 2501F form today and have already started documenting everything I can remember about that awful phone call. It's amazing how this community has rallied around me with so much knowledge and encouragement. As a first-time parent, I had no idea about my rights or that what my employer did was so clearly illegal. I feel so much more empowered now to fight for what I deserve instead of just accepting their horrible treatment. Thank you for reminding me to focus on my baby while also standing up for myself - I really needed to hear that! 💕

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Tyler Lefleur

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I'm so sorry this happened to you! What your employer did is completely unacceptable and likely illegal. You absolutely CAN still file for PFL - your eligibility is based on your base period wages, not your current employment status. Since you already qualified for SDI, you're good to go for PFL benefits. I went through something very similar when my employer tried to force me out after my maternity leave. The key thing to remember is that you've been paying into the PFL system through your paychecks, and those benefits belong to YOU regardless of what games your employer is playing. File your DE 2501F form immediately - don't wait another day! And please document everything about that phone call where they "accepted your resignation." With 70+ employees, your company should have provided CFRA protection, and what they did sounds like textbook pregnancy discrimination. Consider filing a complaint with DFEH and consulting with an employment attorney. Many handle these cases on contingency, so don't worry about upfront costs. You deserve both your PFL benefits AND accountability for their illegal actions. Stay strong mama - this community has your back! 💪

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Yara Sayegh

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Thank you so much for the support! This whole situation has been such a whirlwind and I honestly didn't know where to turn. It's incredibly reassuring to hear from someone who went through something similar and came out the other side. I'm definitely filing the DE 2501F form today - everyone here has made it crystal clear that I shouldn't wait any longer. The fact that so many people have dealt with similar employer tactics really shows this isn't just a "me" problem but a systemic issue with how new parents are treated. I'm feeling much more confident about fighting for my rights now thanks to all the advice and encouragement from this amazing community!

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Kolton Murphy

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I'm so sorry you're going through this terrible situation! What your employer did is absolutely illegal - they cannot just "accept a resignation" that you never actually gave. That's wrongful termination, especially right after your pregnancy disability leave. But here's the important news: YES, you can definitely still file for PFL! Your eligibility for Paid Family Leave is based entirely on your base period wages (typically 5-18 months before your claim), NOT your current employment status. Since you already successfully received SDI benefits, you've already proven you have the qualifying wage history needed for PFL. You've been paying into this system through every single paycheck, and you're entitled to those full 8 weeks of baby bonding benefits regardless of what your employer did. File your DE 2501F form immediately - don't let another day pass! Their illegal actions have absolutely no impact on your PFL eligibility. Also, please document everything about that phone call where your manager "accepted your resignation." With 70+ employees, your company is required to provide CFRA job protection, and what they did sounds like textbook pregnancy discrimination. Consider filing a complaint with DFEH and consulting with an employment attorney - many handle these cases on contingency. Don't let them steal what you've already paid for! Focus on your precious baby and claim every benefit you deserve. You've got this mama! 💪

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Eduardo Silva

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Thank you so much for this clear and reassuring explanation! It's such a relief to hear from so many knowledgeable people in this community that my PFL benefits are secure despite what my employer did. I had no idea that my eligibility was already locked in when I qualified for SDI - that takes such a huge weight off my shoulders. I'm filling out the DE 2501F form right now and will definitely document everything about that horrible phone call. It's incredible how many people here have dealt with similar situations - it really shows this is a widespread problem with employers taking advantage of new parents when we're most vulnerable. I feel so much more empowered now to fight for what I deserve instead of just accepting their illegal treatment. This community has been an absolute lifeline during one of the most stressful times of my life!

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Ali Anderson

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What your employer did is absolutely outrageous and completely illegal! You CANNOT be forced to "resign" when you never actually quit - that's textbook wrongful termination and pregnancy discrimination. YES, you can absolutely still file for PFL! I'm a benefits specialist and I see this confusion all the time. Your PFL eligibility is locked in based on your base period wages (the 5-18 months before your claim), NOT your current employment status. Since you successfully received SDI benefits, you've already proven you have the qualifying wage history for PFL. You've been paying into this system through every paycheck - those 8 weeks of baby bonding benefits belong to YOU. File your DE 2501F form TODAY - don't wait another minute! Their illegal "resignation" stunt has zero impact on your PFL benefits. Also, with 70+ employees, your company is absolutely required to provide CFRA job protection for baby bonding leave. What they did violates multiple laws. Document every detail of that phone call and file complaints with both DFEH and potentially the Department of Labor. Many employment attorneys handle pregnancy discrimination cases on contingency too. Don't let them intimidate you out of benefits you've already paid for! You deserve both your PFL money AND justice for their illegal actions. This community has your back - now go claim what's rightfully yours! 💪

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Heather Tyson

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Thank you so much for the professional insight! It's incredibly reassuring to hear from a benefits specialist that my PFL eligibility is completely protected despite what my employer did. I was honestly terrified that I might lose those 8 weeks of benefits on top of everything else, but knowing that my qualification was locked in when I got SDI approval gives me so much peace of mind. I'm submitting my DE 2501F form today - no more delays! It's amazing how many people in this community have shared similar experiences and professional knowledge. I'm also going to start documenting everything and looking into filing complaints with DFEH. This whole thread has transformed me from feeling helpless and scared to feeling empowered and ready to fight for what I deserve. Thank you for reminding me that those benefits belong to ME - I've been paying into this system and I'm not going to let them steal what's rightfully mine!

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