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Malik Johnson

Can my self-employed husband (1099 contractor) qualify for EDD PFL or SDI after our baby arrives?

I'm due with our first baby in March and trying to figure out our leave options. My husband is a self-employed contractor (1099) and has been paying into CA SDI through his quarterly taxes. He's planning to take some time off when the baby comes, but we're confused about what benefits he qualifies for. Can self-employed people who pay into the system get Disability (SDI) after a child's birth? Or just Paid Family Leave (PFL) for baby bonding? How much time could he potentially get? Do the benefits work differently for self-employed people versus regular employees? Any insights would be really helpful—I've been searching the EDD website but it's so confusing!

He should qualify for EDD Paid Family Leave (PFL) for baby bonding! Since he's voluntarily paying into SDI as a self-employed person, he's eligible for the same benefits as W2 employees. The catch is he needs to have paid into the system for at least 5-18 months prior to claiming benefits (depending on when he enrolled). As the non-birthing parent, he doesn't qualify for Pregnancy Disability Leave, but can take up to 8 weeks of PFL for baby bonding. The application process is the same - he'll need to file a claim using the DE2508 form after the baby is born. Just make sure he has proper documentation of his self-employment income when he applies, as this will affect his benefit amount calculation.

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Thank you so much! This is super helpful. He's been paying into SDI for about 2 years now, so it sounds like he should be good on the eligibility front. Do you know if he has to take all 8 weeks at once? Or can he split it up? We were thinking maybe he'd take 2 weeks right after the birth and then maybe the other 6 weeks later in the year.

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my frend is 1099 to and got benifits last year when his kid was born but he said it was a HUGE PAIN to get aproved!!!! EDD kept asking for more and more income proof and it took like 6 weeks to get the first payment. so tell ur husband to start the paperwork early and keep ALL his income stuff ready

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Oh no, that sounds stressful! Thanks for the heads up. Did your friend have to submit specific types of documents? My husband has all his tax returns and 1099s, but wondering if there's anything else we should prepare.

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he had to send like bank statments and invoices and stuff to prove he was realy working. they didnt believe his tax forms were enough for some reason?? just have everything redy

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Self-employed individuals who pay into SDI can absolutely claim both types of benefits when eligible. Here's a breakdown: 1. For YOUR pregnancy: Only you would qualify for Pregnancy Disability Leave (usually 4 weeks before birth, 6-8 weeks after). 2. For BABY BONDING: Both parents can qualify for PFL (8 weeks each) if both pay into SDI. For your husband specifically, he can claim the 8 weeks of PFL for baby bonding. And yes, he can split those 8 weeks, but must use them within the first 12 months after birth. The benefit amount will be calculated based on his highest quarter of earnings in the 18 months prior to the claim. Generally about 60-70% of his income, up to the maximum benefit amount. One important note: unlike W-2 employees, self-employed individuals have a 7-day waiting period before benefits begin. So factor that into your planning.

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Wait I thought the 7-day waiting period was eliminated back in 2023? I remember reading something about that when I was on leave with my baby last year.

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When I tried calling EDD to ask similar questions about my husband's self-employment benefits, I spent TWO HOURS on hold and then got disconnected!!! 😡 Then tried again the next day and waited another hour just to get someone who gave me conflicting information. So frustrating!! Has anyone found a better way to actually REACH someone at EDD who knows what they're talking about? I feel like I'm losing my mind trying to get straight answers.

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After dealing with the same frustration, I started using Claimyr to get through to EDD agents quickly. Saved me hours of waiting and disconnected calls. They basically call EDD for you and connect you when an agent answers. I was skeptical but it worked - I got through in about 25 minutes instead of hours. Their website has more info: claimyr.com and there's a video showing how it works: https://youtu.be/DOLxZQb92wM?si=6N1iCQ3a8Cdb2Ay5 Specifically for self-employment PFL questions, I'd recommend asking to speak with a specialized agent who handles self-employment claims, as the regular agents sometimes aren't as familiar with those rules.

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Just be careful with all this. My cousin did the self-employed SDI thing and thought he could get disability after his wife had a baby, but that's NOT a thing for dads. Only moms get the disability part. He ended up only being able to get the bonding time (PFL). Make sure your husband doesn't expect to get both!

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Thanks for the warning! That's actually one of the things I was confused about. So to be clear, he can only get the PFL (8 weeks baby bonding) and not any disability, right? That makes sense since he's not physically recovering from childbirth.

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I was in almost your exact situation last year! My husband is self-employed and had been paying into SDI for years. He took 8 weeks of PFL after our daughter was born and got about 65% of his average income. One tip: have him look at his quarterly income over the past 18 months. The benefit is calculated based on his highest-earning quarter, so if his income fluctuates a lot, the timing of when you file might affect the benefit amount. Also, in case no one mentioned it - he doesn't have to take the full 8 weeks consecutively. My husband took 3 weeks right after birth, then the remaining 5 weeks spread out over the next few months. You just have to file the initial claim within 12 months of birth.

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Thank you so much for sharing your experience! That's super helpful to know about the income calculations - his income does fluctuate quite a bit. Did your husband have any trouble with the claim process itself? And did he have to give his clients advance notice about taking leave?

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The claim process wasn't too bad, just make sure to have ALL income documentation ready. The most annoying part was calling EDD when we had questions - impossible to get through! As for clients, he gave about 2 months notice to his regulars and it worked out fine. Most were actually super supportive! He did line up a subcontractor for emergencies, which helped everyone feel more comfortable with his time off.

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Just want to add that your husband should be careful about "working" while collecting PFL benefits. The EDD is very strict about this, especially for self-employed individuals. Basically, he can't be performing any services that generate income during the weeks he's claiming benefits. So if he's planning to check emails or take occasional calls from clients while on leave, that could potentially disqualify him for benefits during those weeks. Many self-employed people choose to take their leave in chunks specifically for this reason - so they can maintain some client contact between periods of leave. Just make sure he documents everything carefully and is transparent with EDD about which specific weeks he's claiming benefits.

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This is such an important point - thank you! We hadn't even thought about how checking emails might count as "working." He'll definitely need to plan for a complete handoff during the weeks he's on leave. Maybe taking the chunks approach would be better for his business.

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Since several people have mentioned taking PFL in chunks, I wanted to clarify how that process works: 1. Your husband will file his initial claim after the baby is born 2. He'll receive a claim form that asks for specific dates he's taking leave 3. For intermittent leave, he'll need to submit a new certification for each chunk of time 4. All leave must be taken in minimum 1-week increments 5. All 8 weeks must be used within 12 months of birth For self-employed individuals, each certification might require additional documentation to verify he's not generating income during leave periods. EDD may request bank statements, client communications, or other proof that he's genuinely taking time away from work. Also, remind him to keep paying his SDI contributions during quarters when he's not claiming benefits, or it could affect future eligibility.

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Thank you for breaking this down so clearly! The 1-week minimum increment is good to know - that helps with our planning. Does EDD ever deny claims for self-employed people, or is it mostly just about having the right documentation?

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They definitely can deny claims, usually for one of these reasons: 1. Insufficient contribution history (not enough quarters paid in) 2. Evidence of working while claiming benefits 3. Incomplete documentation of self-employment income 4. Missing the filing deadline (claims must be submitted within 41 days of the first day of leave) The documentation aspect is crucial. Make sure your husband keeps detailed records of when he's working and when he's not. Taking clear "breaks" from work (not just reduced hours) makes the claim much more straightforward.

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btw congrats on the baby!!! March will be here before u know it lol. my wife says to tell u dont stress to much about this stuff before the baby comes cuz everything changes anyway once there here!!! 😂

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Haha thank you!! 😊 Yes, we're trying not to over-plan, but also want to make sure we don't miss out on benefits we're entitled to. Your wife sounds wise - I'm sure our plans will change a million times once baby arrives!

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One thing I haven't seen mentioned yet is that your husband should check if he has any other insurance coverage that might coordinate with PFL benefits. Some self-employed people have short-term disability insurance or other policies that could affect how much he receives from EDD. Also, if he's planning to take time off in chunks, it might be worth mapping out a rough timeline now based on your business needs and his client schedule. That way when the baby arrives, you're not scrambling to figure out the logistics while dealing with everything else! And definitely start gathering all his income documentation now - tax returns, 1099s, bank statements, invoices - so it's all organized when he needs to file. The more prepared he is upfront, the smoother the process will be.

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Great advice about checking for other insurance coverage! We hadn't thought about that at all. My husband does have a short-term disability policy through his business insurance, so I'll definitely have him look into how that might interact with PFL benefits. Starting to gather all the documentation now is such a smart idea too - I can already imagine how overwhelming it would be to try to find everything while dealing with a newborn! Thank you for thinking ahead for us. Do you know if there are any specific bank statement requirements, like how many months they typically want to see?

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I went through this exact same process with my husband last year! He's also self-employed (freelance graphic designer) and we were so confused about the whole thing initially. A few things that helped us navigate the process: 1. **Documentation timing**: EDD typically wants to see 12-18 months of bank statements to verify income patterns, especially if your husband's income fluctuates seasonally. Start organizing these now along with corresponding invoices. 2. **Client communication strategy**: My husband created a simple template email explaining his upcoming paternity leave and sent it to all regular clients about 8 weeks before our due date. Most were very understanding and some even helped him plan project timelines around his leave. 3. **The "no work" rule**: This was the trickiest part for us. He literally had to set up an auto-responder and resist all urges to check work emails during his PFL weeks. EDD can audit this, so it's not worth the risk. 4. **Benefit calculation**: His benefits were based on his highest-earning quarter in the previous 18 months, which for him was Q4 (holiday season). So timing-wise, filing in early spring worked in our favor. The whole process took about 3 weeks from filing to first payment, which was pretty reasonable. Just make sure he files within 41 days of starting his first week of leave! Good luck and congratulations on your upcoming arrival! 🍼

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This is incredibly helpful - thank you so much for sharing all these specific details! The template email idea for clients is brilliant, and I love that you mentioned the timing around Q4 earnings. My husband also tends to have his best quarter around the holidays, so filing in spring could work well for us too. The 12-18 months of bank statements is good to know - we'll start pulling those together now. And wow, the "no work" rule really is strict! I can see how tempting it would be to just "quickly check" an email, but you're absolutely right that it's not worth the risk. 3 weeks from filing to first payment sounds very reasonable. Did your husband end up taking his leave all at once, or did he split it up? We're still trying to figure out what approach would work best for his client relationships.

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As someone who just went through this process with my self-employed partner, I wanted to add a few practical tips that really helped us: **Start the SDI Elective Coverage verification early**: Even though your husband has been paying for 2 years, EDD sometimes takes time to verify self-employed coverage status. You can check his coverage online at EDD.ca.gov or call to confirm before the baby arrives. **Consider a "trial run" with clients**: My partner did a practice week off about a month before our due date - set up the auto-responder, handed off urgent projects, etc. It helped identify any gaps in his handoff process and made clients more comfortable with the real leave. **Weekly benefit estimate**: The calculation can be tricky with fluctuating income. Generally it's about 60-70% of his average weekly wage from his highest quarter, maxing out at around $1,540/week (2024 rates). If his income varies a lot, it's worth calculating a few scenarios. **Documentation backup**: Keep digital copies of EVERYTHING in a dedicated folder - bank statements, 1099s, invoices, client contracts. EDD sometimes requests additional proof weeks after the initial application. The intermittent leave option is great for maintaining client relationships, but just remember each "chunk" needs to be at least a full week and properly certified. My partner ended up doing 2 weeks right after birth, then 3 weeks at 2 months, then the final 3 weeks at 6 months - worked perfectly for his business cycle. You've got this! The fact that you're planning ahead puts you way ahead of the game.

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This is such comprehensive advice - thank you! The idea of doing a "trial run" with clients is genius. I never would have thought of that, but it makes so much sense to work out any kinks before the actual leave period starts. The weekly benefit estimate is really helpful too. My husband's income definitely fluctuates, so knowing it's based on his highest quarter gives us a better sense of what to expect. And I love the specific example of how your partner split up his 8 weeks - that intermittent approach seems like it could work really well for maintaining client relationships while still getting the bonding time. We'll definitely start that SDI coverage verification process now rather than waiting. Better to find out about any issues sooner rather than later! And creating that dedicated documentation folder is going on my to-do list right now. Thank you for all the practical, real-world advice. It's so reassuring to hear from someone who actually made it through this process successfully!

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Just wanted to chime in as another self-employed parent who successfully navigated this! Your husband should definitely qualify for the 8 weeks of PFL for baby bonding since he's been paying into SDI. One thing I didn't see mentioned much is the importance of timing your claim filing strategically. Since benefits are calculated based on the highest quarter in the past 18 months, if your husband had a particularly good earnings quarter recently, make sure to file while that's still in the calculation window. Also, regarding the intermittent leave - we found it helpful to block out specific weeks well in advance and communicate those exact dates to clients. Instead of saying "I'll be taking some time off," we gave them concrete dates like "I'll be unavailable March 15-22, April 12-19, and May 10-24." This helped clients plan around his schedule and made the whole process feel more professional. One last tip: consider having your husband set up a separate business bank account if he doesn't already have one. It makes the income documentation process much cleaner when EDD requests proof of earnings vs. personal expenses. Congratulations on the upcoming arrival! The benefits are definitely worth navigating the paperwork for.

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Thank you for all this great advice! The strategic timing point about filing while his best quarter is still in the calculation window is something I hadn't considered - that's really smart. His best quarter was actually Q4 2024, so we'll want to make sure we file before that falls out of the 18-month window. I love the idea of giving clients specific blocked-out dates rather than vague timeframes. That does sound much more professional and would probably help them feel more confident about planning their own projects around his absence. The separate business bank account suggestion is also excellent - he's been meaning to do that anyway for tax purposes, so this gives us another good reason to get that set up before the baby arrives. It would definitely make the income documentation much cleaner and more straightforward for EDD. All of these real-world tips from parents who've actually been through this process are so incredibly helpful. Thank you for taking the time to share your experience!

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