Fired for taking PFL baby bonding - will benefits stop? Can I get UI?

omg thats TERRIBLE!! pretty sure they cant do that, isnt there some law that protects ur job?? i would call EDD right away before they mess with ur benefits. so sorry this happened to u

Your PFL benefits should continue even though you were terminated. PFL eligibility is based on your past earnings/contributions, not current employment status. The law sees this as your earned benefit. As for unemployment, you cannot collect UI while receiving PFL - that would be double-dipping and is not allowed. However, once your PFL ends, you should be eligible for unemployment since you didn't voluntarily quit. Make sure you keep documentation of the termination call/email as you'll need to show your job loss wasn't your fault. Regarding the termination itself - if your employer has 5+ employees and you've worked there at least 12 months (with 1,250+ hours), you may be protected under CFRA/FMLA and could have grounds for wrongful termination. I'd recommend consulting with an employment attorney - many offer free consultations.

The exact same thing happened to me in 2023!!! They cant just fire you for taking protected leave! This is ILLEGAL and they know it! Dont just accept this, talk to a lawyer ASAP before any deadlines to file complaints pass. The CA Dept of Fair Employment & Housing handles these cases. Google DFEH complaint filing. You only have like 1 year to file I think?? Also make sure u save ANY texts/emails from ur boss about this. If the firing was over the phone, write down everything u remember ASAP including dates, times, who was on the call, etc.

To directly answer your questions: 1. Your PFL benefits will continue even after termination. PFL is based on previous wages, not current employment status. 2. You cannot receive unemployment insurance while on PFL - these are separate benefit programs that cannot overlap. 3. After your PFL ends, you can apply for unemployment benefits since you were terminated (not quit). You should also know that if your company has 5+ employees and you've worked there at least a year (1,250+ hours), CFRA requires them to hold your job or a comparable position. What they did could be illegal retaliation. I suggest contacting DFEH (now called CRD - Civil Rights Department) at 1-800-884-1684 to file a complaint. You have one year from the violation to file. Also, try to get written confirmation of why they let you go - email them asking for clarification and see if they'll put their explanation in writing.

My sister in law went through something like this last year. Her benefits kept going through her PFL then she got unemployment after. BUT that doesn't make what they did right!!! The whole point of CFRA is that they're supposed to keep your job for you. companies think they can get away with stuff by calling it "restructuring" or whatever. def fight this!!!

Everyone is giving good advice about the legal aspects, but I want to address the practical side of contacting EDD. You'll need to speak with someone directly to explain your situation and verify your PFL will continue. I strongly recommend using Claimyr to get through to an EDD agent quickly. I was in a similar situation (though mine was a disability extension issue) and spent DAYS trying to get through the regular phone lines. Claimyr connected me to an EDD agent in about 20 minutes. They have a video demo at https://youtu.be/DOLxZQb92wM?si=6N1iCQ3a8Cdb2Ay5 that shows how it works. Their website is claimyr.com. In situations like yours where you need clarity fast, it's worth it to avoid the typical 3+ hour wait times or constant disconnections from the regular EDD line.

One more important point: make sure you contact both the EDD and CRD (formerly DFEH) as soon as possible. For EDD, you need to inform them your employment status changed but you're continuing your PFL claim. For CRD, you need to report potential retaliation/discrimination. Also, check if your employer provided a formal termination letter or email. If not, send them an email summarizing your understanding of the termination ("As discussed on our call today, you informed me my position is being eliminated effective immediately while I'm on baby bonding leave.") This creates documentation in case they try to claim later you quit voluntarily.

BTW if u apply for unemployment after ur PFL ends make sure u tell them u were LAID OFF not fired for cause!!!! The terminology matters!!! If u say fired they might deny ur claim. Say u were terminated due to "position elimination" while on protected leave. The EDD unemployment people are different from the PFL/SDI people so u gotta be super clear with them.

Something very similar happened to my daughter. She was let go right after telling them she was pregnant. Didn't even get a chance to take leave. These companies think they're so clever with their excuses. "Position elimination" is just their way of trying to avoid lawsuits. She ended up consulting with an attorney who took her case on contingency (no upfront fees) and got a settlement. Don't let them bully you!

To summarize what everyone has said: 1) Your PFL will continue - it's based on past earnings/contributions 2) You can file for UI after PFL ends 3) Document everything about the termination 4) Contact CRD (formerly DFEH) about potential CFRA violation 5) Consider consulting with an employment attorney I'd also recommend filing for unemployment immediately after your PFL ends (you can actually apply slightly before it ends). The first week is a waiting period anyway (no benefits), so you want to get that process started as soon as possible.

I'm so sorry this happened to you! What a horrible way to treat a new mom. Just wanted to add one more thing that might help - when you do get through to EDD, ask them to put notes in your file about the employment status change. Sometimes different departments don't communicate well, and having it documented that you were terminated while on approved PFL can prevent issues later. Also, if your company offers any severance (even though they probably won't given the circumstances), be careful about signing anything that waives your right to file complaints. A lot of severance agreements include language that prevents you from pursuing legal action. Don't sign anything without having an attorney review it first! You're doing the right thing by fighting this. Companies need to know they can't just dump employees for using their legally protected benefits. Hang in there mama! 💪