Confused about PFL eligibility with short job tenure - Do I need FMLA qualification?

Your HR dept is mixing up two completely different things! PFL eligibility is determined by your contributions to SDI, not by your length of employment at a particular company. FMLA is federal job protection, while PFL is state wage replacement through EDD. I was in almost the exact same situation last year - had only been at my job for 6 months when I gave birth. I didn't qualify for FMLA protection but absolutely received my full 8 weeks of PFL benefits for baby bonding after my pregnancy disability ended. Here's the official EDD page that explains eligibility: https://edd.ca.gov/en/disability/Am_I_Eligible_for_PFL_Benefits/

Thank you so much for this! I thought I was going crazy. I'll bring this info to my HR meeting tomorrow. Did you have any issues returning to your job after your leave ended, since you weren't protected by FMLA?

ur HR is wrong wrong wrong! PFL and FMLA are completely different. I've been thru this twice. PFL = money from state. FMLA = job protection. You can get PFL $ without FMLA. Just apply directly thru EDD not your work

THIS!!!! I hate when HR departments give incorrect info about EDD benefits! They shouldn't even be advising on state benefits if they don't understand them. My company's HR told me I couldn't get PFL if I didn't use all my vacation time first which was COMPLETELY FALSE. Go directly to EDD for accurate information.

I worked in HR for 7 years and unfortunately see this confusion all the time. Let me clarify:\n\n1. PFL is a California state benefit administered by EDD that provides wage replacement when you take time off to bond with a new child\n2. FMLA is a federal protection that requires employers to hold your job while you're on leave\n3. California CFRA is similar to FMLA but state-level\n\nYou're correct that you can receive PFL benefits even if you don't qualify for FMLA/CFRA. The eligibility requirements are entirely different.\n\nFor PFL eligibility, you need to:\n- Have paid into SDI (through payroll deductions) during your base period\n- Have earned at least $300 during your base period\n- Be taking time off to bond with a new child (within first year)\n\nThat's it. There is NO length-of-employment requirement for PFL benefits.\n\nThe confusion happens because without FMLA/CFRA protection, your employer isn't legally required to hold your job or continue your health benefits. So while you'll get PFL benefits, you could technically be replaced while on leave (though many employers don't do this in practice).\n\nShow your HR this direct quote from EDD: \

This is incredibly helpful, thank you! I'm printing this out to bring to my HR meeting. I guess the risk I have to weigh is whether my company would actually replace me during the 8 weeks I'm bonding with my baby. They're generally pretty family-friendly, so I hope they wouldn't, but without FMLA protection it seems like they could legally do so.

I tried calling EDD directly about this exact situation last year and spent DAYS trying to get through. Kept getting disconnected or waiting for hours. So frustrating! Finally used a service called Claimyr (claimyr.com) that got me connected to an EDD rep in about 10 minutes. They confirmed exactly what others are saying - PFL eligibility is based on SDI contributions, not employment length. The rep was super clear that FMLA and PFL are completely separate programs with different eligibility requirements. There's a video that shows how it works: https://youtu.be/DOLxZQb92wM?si=6N1iCQ3a8Cdb2Ay5

omg thank you for this tip!! I've been calling EDD for 3 days straight about my maternity disability claim and can't get through to anyone. will definitely check this out!

This is such a common confusion! You are absolutely right in your understanding. In California there are basically three pieces to the maternity/baby bonding puzzle:\n\n1. Pregnancy Disability Leave (PDL): Up to 4 weeks before birth and up to 6-8 weeks after (depends on delivery type)\n2. Paid Family Leave (PFL): Up to 8 weeks of baby bonding time\n3. Job Protection: From FMLA/CFRA (both require 12 months at your employer)\n\nYou can receive the MONEY from #1 and #2 without qualifying for #3. The catch is that without job protection, technically your job isn't guaranteed when you return. In practice, most employers don't terminate employees on maternity leave even without FMLA protection because it looks terrible and could open them up to discrimination claims.\n\nMake sure you file your claim directly with EDD using DE2501 for disability portion and then transition to PFL using the DE2508 form for baby bonding. Don't let your HR department handle your claim filing.

Thank you! This breakdown is so clear. I'll definitely file directly with EDD rather than going through my employer. I keep hearing about transition from disability to PFL - is that a separate application? Do I file for pregnancy disability first and then PFL later?

To answer your question about filing: Yes, you'll first file for Pregnancy Disability (SDI) using form DE2501 about 9 days before you plan to stop working (either when you give birth or up to 4 weeks before your due date if your doctor certifies you need to stop working). Then, when you're ready to transition to baby bonding (PFL), you'll file the DE2508 form. The EDD typically sends you the PFL application automatically when your disability claim is about to expire. It's a pretty smooth process as long as your medical provider submits their paperwork promptly.

Perfect, thanks so much for explaining the forms and timing! One last question - if I start disability 4 weeks before birth, then have 6-8 weeks of recovery time after, plus 8 weeks PFL, that's potentially 20 weeks total leave. But without FMLA/CFRA protection, could my employer say that's too long and refuse to hold my position?

That's correct - without FMLA/CFRA protection, your employer isn't legally obligated to hold your position for that entire period. However, there are a few important points to consider:\n\n1. California's Pregnancy Disability Leave law provides job protection during the medical portion of your leave (before birth and recovery) regardless of tenure\n2. The baby bonding portion (PFL) is where you lack legal protection\n3. Many employers have their own maternity leave policies that exceed legal requirements\n4. Even without formal protection, terminating someone for taking bonding leave can create legal risks for employers related to gender discrimination\n\nI recommend having a candid conversation with your manager (not just HR) about their expectations and what accommodations they're willing to make. Get any agreements in writing (email is fine). Many companies will work with valued employees even without legal obligation to do so.

wait so ur saying the PDL part is protected no matter how long you've worked somewhere?? I thought all job protection required 12 months! That's a huge relief for the first part of her leave at least

Yes, that's correct! California's Pregnancy Disability Leave (PDL) law provides job protection during the medical portion of your leave regardless of how long you've worked at the company. The only requirements are that you work for an employer with 5+ employees and that your healthcare provider certifies your need for leave.\n\nPDL covers up to 4 months (17⅓ weeks) if medically necessary, though typical leaves are 4 weeks before birth and 6-8 weeks after, depending on delivery type.\n\nIt's specifically the baby bonding portion (covered by CFRA/FMLA) that has the 12-month employment requirement for job protection.

This is HUGE news! So I'm protected by PDL for the medical portion regardless of my tenure? That means I only need to worry about the 8 weeks of baby bonding time not being protected. That makes me feel much better about my situation. Thank you for this clarification!

my company did the same thing tried to tell me i couldn't get PFL because i didnt qualify for FMLA!!! turns out they were just trying to avoid the hassle. DONT LISTEN TO HR. they protect the company not you. go straight to EDD. your entitled to your benefits youve been paying all these years!!

Thanks for sharing your experience. I'm definitely going to apply directly with EDD rather than going through my company. Did your employer give you any trouble when you took leave without FMLA protection?

they were annoyed but they dealt with it. just make sure u document EVERYTHING. save all emails. if they say something in person follow up with email like \

This is great advice about documenting everything. I'd also recommend keeping detailed notes about any conversations with dates and who said what. Email summaries of in-person conversations are gold if there's ever an issue later. Sorry your company treated you that way, but glad you got your full leave!

Just wanted to add another perspective here - I'm an employment attorney and see this confusion constantly. Your HR department is absolutely wrong about linking PFL to FMLA eligibility. These are completely separate programs with different funding sources and requirements. PFL is an insurance benefit you've earned through your SDI contributions - it's YOUR money that you've been paying into the system. No employer can deny you access to benefits you've already paid for just because you haven't worked there long enough for FMLA protection. Here's what I always tell clients in your situation: 1. Apply directly to EDD - don't go through your employer 2. Keep records of all communications with HR about this issue 3. If they retaliate or terminate you for taking legally protected leave (remember PDL protects the medical portion regardless of tenure), that could be grounds for a discrimination claim The fact that your HR is giving you incorrect information about state benefits is concerning. I'd recommend getting their statements in writing so you have documentation of their position. Good luck with your leave planning!