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!
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Amara Oluwaseyi
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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Liam McConnell
•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
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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Giovanni Rossi
•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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Fatima Al-Maktoum
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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Liam McConnell
•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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Dylan Mitchell
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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Sofia Gutierrez
•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
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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Liam McConnell
•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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Sofia Gutierrez
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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Liam McConnell
•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
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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Amara Oluwaseyi
•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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Giovanni Rossi
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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Liam McConnell
•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
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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Fatima Al-Maktoum
•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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GalacticGladiator
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
•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
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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