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Natasha Kuznetsova

EDD rejected my caregiving PFL for pregnant spouse - now told too late for baby bonding?

I'm seriously about to lose my mind dealing with EDD! I submitted a PFL claim over a month ago to care for my wife who was having pregnancy complications (severe preeclampsia, doctor-ordered bedrest). Today, I finally got a call from EDD saying I don't qualify for caregiving benefits in this situation and that I should have applied for baby bonding instead. Here's where it gets REALLY frustrating - our daughter was born on April 15th, and the EDD rep said if I submit for baby bonding now, I'll automatically be disqualified because it's beyond the 41-day filing window!? So basically I wasted a month waiting for them to process the wrong claim type, and now I'm screwed out of ANY benefits? I have all the medical documentation from her OB about the complications. I have the birth certificate. I took this time off work legitimately to care for my family. Has anyone dealt with something similar? Can I appeal this or submit some kind of special circumstances form? I'm ready to fill out new paperwork today but don't want to waste more time if I'm just going to get denied again.

PFL for caregiving vs baby bonding is super confusing! Here's what's happening: You initially filed for Caregiving PFL (which is for caring for a seriously ill family member). While pregnancy complications can sometimes qualify under this, EDD often directs parents to use Baby Bonding instead once the baby is born. Regarding the 41-day window - that's true, but there's an exception for "good cause" delays. You should immediately file a new DE2508 form for Baby Bonding and include a detailed letter explaining you were misinformed about which benefit to apply for. Include copies of all your previous paperwork submissions and correspondence. When you submit, also include a statement from your employer confirming when you actually began your leave. The key is demonstrating you attempted to file properly within the timeframe but were given incorrect information. I went through something similar (different circumstances but same timing issue) and got approved after explaining the situation.

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Thank you! This gives me some hope. Should I address the letter to anyone specific or just include it with my application? And do you think I should mention that I already have an existing claim that was filed within the timeframe (just for the wrong benefit type)?

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Emma Thompson

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EDD is the WORST!!! They rejected my caregiving claim when my husband had surgery and then told me I filed for the wrong thing too. It's like they WANT to deny people benefits we've paid into! The whole system is designed to make you give up!!

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It really does feel that way sometimes! Did you end up getting your benefits eventually or did you have to just accept the rejection?

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Malik Davis

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The 41-day rule is strictly enforced but there are exceptions for good cause delays. You need to include Form DE 2501F (Paid Family Leave Late Filing) with your new application explaining exactly what happened. Technically, caring for a pregnant spouse with complications CAN qualify for caregiving PFL if the doctor certified it correctly, but many doctors aren't familiar with exactly how to document it for EDD purposes. Baby bonding is usually more straightforward to get approved. Also important - the clock on baby bonding eligibility starts from the birth date, and you can take it anytime within the first year. So even if your initial claim is denied, you should be eligible to use baby bonding leave later in the year (though obviously that doesn't help with the time you've already taken). I recommend calling EDD directly to discuss your specific situation. Yes, their phone lines are a nightmare, but this is a situation where speaking to a representative is crucial.

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idk if you've tried calling EDD lately but it's literally impossible to get through... I tried for 2 weeks straight when I had a problem with my maternity leave claim, and either got busy signals or was on hold for hours before getting disconnected. The system is broken. What worked for me was using Claimyr (claimyr.com). They have this system that actually gets you through to an EDD rep within like 20 mins. Costs money but saved my sanity. They have a demo video showing how it works: https://youtu.be/DOLxZQb92wM?si=6N1iCQ3a8Cdb2Ay5 For something this complicated where you need to explain the whole situation, talking to someone is probably the only way to fix it.

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StarStrider

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Wait... soooo.... the baby was born April 15 but in ur post u said May 7th?? Which is it? That might make a difference for the 41 day thing...

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Sorry for the confusion! Baby was born April 15th (I was typing too fast and made an error). So today is actually around 45 days since birth, which is why they're saying I'm past the window.

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Ravi Gupta

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this EXACT thing happened to my sister!!! she applied for caregiver leave when her husband had cancer and they told her after 3 weeks she filed wrong form. she had to get her state assembly person involved to fix it. try calling your local state rep's office, they have special contacts at EDD who can actually help. also the 41 day thing sometimes gets waived if you can prove you were actively trying to apply but got wrong info from EDD.

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This is excellent advice. State representatives' offices often have caseworkers who specialize in helping constituents with EDD issues. They can often resolve problems that seem impossible when dealing with EDD directly.

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When I had my baby last year, my husband tried to get PFL and it was a complete nightmare. The whole system is so confusing and the EDD website doesn't explain things clearly AT ALL. From what I understand, Caregiving PFL is different from Baby Bonding PFL, even though they both use the same DE2508 form. Our doctor actually told us specifically that pregnancy complications only qualify for SDI for the pregnant person, not PFL for the caregiver spouse. So the issue might be that your claim was never going to be approved that way regardless of timing. Do you still have any leave time left? Because you should be able to apply for baby bonding PFL for future dates (like starting now) without running into the 41-day issue. That way at least you can get some benefits going forward.

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That's a good point about applying for future dates! I still have some leave available (I was approved for 12 weeks FMLA but only used about 6 weeks so far). So maybe I can at least get benefits for the remaining time. Though it would be nice to also get paid for the time I've already taken off!

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Quick update on the 41-day rule: What matters is the date you BEGAN your leave, not the date you file. If you started your leave within 41 days of the birth, you should be fine as long as you can document that. What happens is many people start leave when the baby is born, but don't file the paperwork until weeks later, which is totally allowed. EDD looks at when the leave actually started, not just when you submitted the claim. So for your situation - if you've been continuously on leave since before or just after the birth, that works in your favor. Make sure to emphasize this point when reapplying with the late filing form.

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Emma Thompson

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OMG THIS MAKES ME SO MAD!!! The EDD people have ONE JOB and they still get it wrong and then WE suffer! This is why I tell EVERYONE to record EVERY CALL with EDD and document EVERYTHING in writing. They told you the wrong info and now they're trying to deny your benefits because of THEIR mistake!!! FIGHT THIS!!!

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I wish I had recorded the initial conversations! I did take some notes about who I spoke with and when, but nothing that would hold up as proof. Definitely a lesson learned for the future.

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StarStrider

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I'm dealing with something kinda similar... my baby was born 3 months ago and I just found out I could've been getting paid this whole time lol. I thought PFL was only for mothers not fathers! Nobody at my job told me I could apply. I sent in my application last week but now I'm worried about this 41 day thing too! Will let you know what happens with mine!

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Please do keep me posted on what happens with your claim! And yes, PFL is definitely available for fathers/partners too. Good luck with your application!

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Javier Torres

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I work as a benefits coordinator and see these EDD mix-ups constantly. Here's what you need to do IMMEDIATELY: 1. File a new DE2508 for Baby Bonding PFL today, even though you're past 41 days 2. Include Form DE2501F (Late Filing form) explaining the situation 3. Write a detailed letter stating you filed within the window but for the wrong benefit type due to unclear guidance 4. Include ALL documentation from your original claim to show you were actively pursuing benefits The key point everyone's missing: EDD has an internal policy that if YOU made a good faith effort to file correctly within the timeframe but were misdirected by their system/representatives, they can waive the late filing penalty. This is called "good cause" and it applies to your exact situation. Also, make copies of EVERYTHING before you send it. EDD has a habit of "losing" paperwork. One more thing - if the new claim gets denied, immediately request an appeal hearing. The appeals judges are much more reasonable than the initial claims processors and actually listen to the circumstances. Don't give up! You paid into this system and deserve these benefits.

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