Laid off during pregnancy disability - should I switch to unemployment instead of PFL baby bonding?

This definitely sounds sketchy on your employer's part. To answer your question about benefits: you should still take the PFL baby bonding first, THEN file for unemployment afterward. You're entitled to your 8 weeks of baby bonding regardless of your employment status. The PFL benefit amount should be the same as what you're receiving on SDI, whereas unemployment will likely be less. So financially, it makes more sense to do PFL first.\n\nAs for the discrimination issue - yes, this could potentially qualify as pregnancy discrimination. If everyone else is being transferred except the person on pregnancy leave, that's a huge red flag. Document EVERYTHING. Save that email. I'd recommend consulting with an employment attorney before your disability period ends.

Thank you so much for this advice! I didn't realize I could still take PFL even if I'm technically not employed anymore. Do I file for PFL the same way, or is there something different I need to do since I might not have a job to return to? And should I tell EDD about this situation when I apply?

wait ur saying everyone else gets 2 transfer but u have 2 reapply?? thats definitely discrimination! u should file a complaint with DFEH asap. did they put anything in writing about why ur being treated differently??

They literally just said in the email that \

I've been thru this EXACT situation! My company did something similar when I was on maternity leave in 2023. Here's what you should do:\n\n1) Take your PFL baby bonding FIRST - its 8 weeks at same rate as ur disability\n2) File unemployment AFTER pfl ends\n3) File a complaint with DFEH for pregnancy discrimination \n4) Look for a lawyer who does free consultations\n\nMy company tried to settle with me QUICK when I had a lawyer send a letter. Companies know they cant get away with this crap! Don't let them intimidate you!!!

This is so helpful to hear someone went through something similar! Did you have any issues transitioning from SDI to PFL when you didn't have a job anymore? I'm worried about how to fill out that part of the application where it asks about return-to-work date.

You should definitely still file for PFL baby bonding before unemployment. Here's why:\n\n1. PFL pays approximately 60-70% of your wages up to a maximum weekly benefit amount, while unemployment typically pays less.\n\n2. You've already paid into the state disability insurance fund through your paycheck deductions - this is YOUR benefit that you've earned.\n\n3. PFL eligibility is based on your past wages and contributions, not your current employment status. You can still receive PFL even if you've been terminated.\n\n4. Unemployment benefits can potentially last up to 26 weeks, but you can't apply for those until you're actually able and available to work. Right now, you're still recovering from childbirth and caring for a newborn.\n\nFor the PFL application, you'll use the same EDD account you used for disability. The form number is DE 2501FP. When it asks about your employer, use your most recent employer information. For return-to-work date, you can put \

Thank you for explaining all this! I'll definitely file for PFL first then. When my disability ends on Jan 20, do I need to wait to file for PFL or should I start the application process now? Also, do you know if I need to tell my employer anything about taking PFL if they're basically firing me?

Hi, I went thru something similar last year. File your PFL claim ASAP - you can actually submit it up to 9 days before your disability ends. Don't wait! Also, you don't technically need to tell your employer you're taking PFL, but I would send them an email stating your intention to take your legally protected baby bonding leave - this creates a paper trail if you need to fight discrimination later. And FYI - in California, they can't legally fire you while on protected leave, so document EVERYTHING.

This is so helpful, thank you! I'll start the PFL application this week and send an email to my boss about my plans. I'm taking screenshots of everything!

If you need to actually reach someone at EDD to discuss your situation (which I HIGHLY recommend), try using Claimyr. After my employer pulled something similar, I spent DAYS trying to get through to EDD on my own with no luck. Claimyr got me connected to a real person at EDD in about 15 minutes. They have a demo video at https://youtu.be/DOLxZQb92wM?si=6N1iCQ3a8Cdb2Ay5 that shows how it works. Totally worth it to actually talk to someone who could explain my options when transitioning from disability to PFL while dealing with employment issues.

does that actually work?? ive been calling edd for 3 days straight and keep getting disconnected!!

Yes! I was super skeptical but was desperate after trying for a week to get through. Their system calls EDD for you and holds your place in line, then calls you when they have an agent. The agent I talked to was able to give me specific info about my situation with documentation I needed - saved me so much stress during an already stressful time.

I'll definitely check this out. I've already tried calling EDD twice with no luck - just endless holds and then disconnected. I need to speak to someone who can advise me specifically about my situation.

I don't think this is technically discrimination? Companies are allowed to reorganize and change positions during leave. My sister's company did something similar and her lawyer said it wasn't illegal as long as they offer SOME position, even if it's different. But definitely take the PFL first before unemployment either way.

This is NOT correct. If they're treating the person on pregnancy leave differently than everyone else (making her reapply when everyone else is just being transferred), that's textbook discrimination. The law doesn't allow companies to use \

Sorry, I guess I misunderstood my sister's situation. You're probably right.

To clarify the legal situation: Under both federal and California law, it's illegal to use a genuine reorganization or reduction in force to target employees in protected categories, including those on pregnancy/parental leave. The key evidence here is disparate treatment - everyone else gets automatic transfers while only the person on pregnancy disability has to reapply. That creates a strong presumption of discrimination, especially given OP's seniority. While reorganizations themselves are legal, using them to selectively impact protected employees is not.

This makes sense to me. The fact that I'm the ONLY one who has to reapply seems like pretty clear evidence they're treating me differently because I'm on pregnancy leave.

u know what else u should do?? check if ur eligible for paid family leave at ur NEW job after u find one. some companies offer separate paid leave benefits on top of the state pfl!!

Unfortunately, most employer-provided paid family leave policies require employees to have worked at the company for a minimum period (often 6-12 months) before being eligible. So while this is good advice for the future, it likely won't help OP in her current situation with a newborn.

oh that makes sense, didnt realize there was waiting periods for company benefits

I'm so sorry you're dealing with this during what should be a special bonding time with your baby. This sounds like a really stressful situation, but everyone here has given you excellent advice about taking PFL first before unemployment. One thing I wanted to add - when you do file your PFL claim, make sure to keep copies of everything your employer sent you about the "relocation" and reapplication requirement. If you end up pursuing legal action later, having that documentation showing the timeline (that they notified you of this while you were on protected leave) could be really important. Also, don't let them pressure you into making any quick decisions about reapplying or accepting their terms. You have rights here, and it sounds like they're hoping you'll just quietly go away. Take your time to get proper legal advice before responding to their demands. Hang in there - you've got this! Focus on your baby and your recovery first, and the rest will work itself out.