Can non-eligible dads apply for CA SDI instead of paternity leave? Confused about options
My company denied me paternity leave because I've only been there for 4 months (not 12 months required). I still need time off when our baby arrives in March 2025, and I can't afford to take unpaid leave. Someone mentioned California disability or paid family leave might work even if my job doesn't offer paternity benefits? Is that true? How would I even apply for that if my HR department won't help me? Really confused about whether there's a state program I can use instead of employer benefits. Any dads been through this?
16 comments


QuantumQuasar
You're confusing a bunch of things. FMLA is UNPAID federal job protection. California PFL is PAID but doesn't give job protection. SDI is for pregnancy/medical disability only - you can't get that as a dad unless you have your own medical issue. As a new dad in CA, you'd apply for PFL baby bonding, but you need to understand you might not have job protection when you return.
0 coins
Yara Elias
•Oh man, this is more complicated than I thought. So I can get CA paid family leave for bonding with the baby, but my job isn't protected since I don't qualify for FMLA? That sounds risky. How do I even apply for the CA benefit if my company doesn't offer it?
0 coins
Keisha Jackson
I went through this exact situation last year! Your company doesn't have to 'offer' CA PFL - it's your right as a CA employee. The key is you've been paying into SDI through your paycheck deductions (check your paystub). For baby bonding, you need to file form DE2508 with EDD AFTER the baby is born. You can get up to 8 weeks at 60-70% of your wages. But here's the important part - since you don't qualify for FMLA/CFRA job protection, your company technically isn't required to hold your position. Some still do though.
0 coins
Paolo Moretti
•Just adding to this - check if you qualify for CFRA (California Family Rights Act) protection even if you don't meet FMLA requirements. The rules changed recently and some smaller employers are covered. Google 'CFRA eligibility 2025' for the latest info.
0 coins
Amina Diop
wait u said paternity leave but asked about disability?? those r completely different things. disability is for when YOU are sick or unable to work for medical reasons. paternity is for bonding with baby. in CA its called PFL (paid family leave). u need to file with EDD not ur company
0 coins
Yara Elias
•Thanks for clarifying! Yes I meant bonding time with my new baby, not disability for myself. I've never dealt with any of this before so the terminology is confusing.
0 coins
Oliver Weber
To directly answer your question: Yes, even if your employer doesn't offer paternity leave benefits, you can still receive Paid Family Leave (PFL) through the state of California as long as you've paid into State Disability Insurance (SDI). This is separate from FMLA. Here's what you need to do: 1. Verify you've paid into SDI (check your paystub for deductions) 2. After your baby is born, file for PFL using the DE2508 form on the EDD website 3. You'll need to provide birth documentation 4. You can receive 8 weeks of partial wage replacement (60-70% of wages) The challenge is job protection. Since you've only been at your job 4 months, your position isn't protected under FMLA or CFRA during your leave. You should have a candid conversation with your employer about this before taking leave.
0 coins
Natasha Romanova
•I'd like to add that because your job isn't protected, you might want to get EVERYTHING in writing from your employer about whether they'll hold your position. I've seen too many dads get burned when taking bonding leave without FMLA protection. Some companies are supportive, others will replace you during leave and claim 'business necessity.' Get any promises in writing!
0 coins
NebulaNinja
Trying to reach EDD to ask these questions is IMPOSSIBLE these days!! I spent 3 weeks trying to get through when I had PFL questions before my daughter was born. Finally used Claimyr (claimyr.com) to get connected to an actual agent in about 20 minutes instead of calling for weeks. They have a video showing how it works: https://youtu.be/DOLxZQb92wM?si=6N1iCQ3a8Cdb2Ay5. Totally worth it for getting my specific questions answered directly by EDD rather than stressing about whether I was doing the application right.
0 coins
Yara Elias
•I'll keep that in mind if I run into trouble with EDD. Right now I'm just trying to understand my options before the baby comes.
0 coins
Paolo Moretti
Everyone's talking about PFL but COMPLETELY IGNORING THAT THE SYSTEM IS BROKEN!!! I applied for 'baby bonding' in 2024 and it took EDD almost 7 WEEKS to process my claim!!! By the time I got paid, I was almost back at work!! The application process is horrible and they might randomly ask for 'additional information' that delays everything. Start your application as soon as possible after the birth and prepare for a frustrating experience!!!
0 coins
Amina Diop
•same!! my claim was pending for 5 weeks and i called like 20 times before someone helped me. they said i filled out a form wrong but never told me!!
0 coins
Keisha Jackson
One more thing to consider - you can split up your 8 weeks of PFL baby bonding. You don't have to take it all at once. Some dads take 4 weeks right after birth, then save the other 4 weeks for later in the year. Just make sure you use it all within 12 months of the birth. For each separate period, you'll need to file a new claim form.
0 coins
Yara Elias
•That's really helpful to know! Maybe I could take 2 weeks initially and save the rest for when my wife goes back to work. I'll definitely look into the DE2508 form and see how the application process works. Thanks everyone for all the advice.
0 coins
Aisha Abdullah
Just want to add - make sure you understand the waiting period! There's a 7-day waiting period for PFL claims, meaning your first week is unpaid. So if you're planning to take time off, factor that into your budget. Also, if you're planning to split your leave like @Keisha Jackson mentioned, each separate claim period will have its own 7-day waiting period. I learned this the hard way when I took my PFL in two chunks and didn't realize I'd have two unpaid weeks total.
0 coins
Hattie Carson
•Wow, I had no idea about the waiting period! That's really important to know since I'm already worried about the financial impact. So if I split my 8 weeks into two separate periods, I'd have two unpaid weeks total? That definitely changes how I need to plan this. Thanks for the heads up @Aisha Abdullah - this is exactly the kind of detail I needed to know before making decisions about when to take leave.
0 coins