Missed 30-day window for PFML after December birth - can husband still apply?
I'm really confused about the Paid Family and Medical Leave application window. My husband and I had our baby in December 2023, and initially he wasn't planning to take leave. Now his work situation has changed and he wants to use PFML, but the ESD website says something about applying within 30 days of a qualifying event. Has anyone dealt with this before? Is this a strict deadline or are there exceptions? I'm worried he missed his chance completely. Any help would be appreciated because we're getting different answers from everyone we ask!
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Anastasia Kozlov
Unfortunately, the 30-day rule for PFML is pretty firm from my experience. The exact wording on the ESD site is that you must apply within 30 days after the start of your leave. There are some exceptions for "good cause" but they're quite limited - things like physical incapacity, natural disaster, etc. A change in work situation probably wouldn't qualify. How long ago was your December birth? If it's been more than a few months, it might be too late.
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NeonNebula
•Thank you for the response! Our baby was born December 14th, so it's been about 5 months now. :( Do you know if there's any appeal process or if they'll consider any special circumstances at all?
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Sean Kelly
i think ur husband is out of luck but u should call and ask anyway. sometimes the ppl on the phone know exceptions that arent on the website. when i had my kid in 2023 i almost missed the deadline bc i was so exhausted lol
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NeonNebula
•Thanks for the suggestion! Good to know we should at least try calling. Did you end up getting your benefits even though you almost missed the deadline?
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Zara Mirza
I work in HR and deal with PFML applications frequently. Here's the actual rule: You need to file within 30 days after the start of your leave, not 30 days after the qualifying event (though they often coincide). If your husband hasn't started his leave yet, he could still be eligible! He would just need to formally request time off from his employer first, then apply for PFML within 30 days of his first day off. HOWEVER - there's a second time limit you need to know about. The claim must be filed within 12 months of the birth. So since your baby was born in December 2023, he has until December 2024 to start his leave and file his claim.
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NeonNebula
•Oh wow, that's a huge relief! I think I was confusing the 30-day rule completely. So if he starts his leave now in May, he'd just need to apply within 30 days of starting it? And we're still within the 12-month window from birth. Thank you so much for clarifying!
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Luca Russo
The previous commenter is correct! I just went through this in January. You have 12 months from the birth to USE the leave, and 30 days from starting your leave to FILE the claim. The confusing part is that the notification to your employer should happen 30 days before taking leave when possible (that might be what you're thinking of). But calling ESD to confirm is always smart - good luck actually reaching them though. The PFML phone lines are constantly jammed. I literally spent 4 days trying to get through, calling repeatedly for hours.
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Nia Harris
•I had the same nightmare trying to reach someone at ESD about my PFML claim! After wasting DAYS on hold and getting disconnected, I finally used a service called Claimyr (claimyr.com) that holds your place in line and calls you back when an agent is available. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 It saved me so much frustration - I was able to get through to PFML within a couple hours instead of days of redialing. Just sharing since the phone situation is still terrible.
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NeonNebula
•@profile2 Thank you for confirming! Yes, I think I was mixing up the employer notification timeline with the application deadline. Huge relief! @profile5 Thanks for the tip! I'll definitely check that out because I've heard the phone lines are impossible.
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GalaxyGazer
MAKE SURE your husband's employer is aware he's planning to take leave!! My brother-in-law didn't properly notify his job according to their policy and even though ESD approved his PFML claim, he nearly lost his job position because he didn't follow company protocol. Most employers require 30 days notice before the leave starts (when possible).
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NeonNebula
•That's a really good point! I'll make sure he checks the company handbook about their specific PFML notification requirements. The last thing we need is for him to get the benefit but have job problems.
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Mateo Sanchez
those 12 month rules saved me too!!! i was so stressed thinking i missed out. the website is confusing AF. try calling early in the morning like 7:30am right when they open, thats when i got through. congrats on ur baby btw!!
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NeonNebula
•Thank you! And thanks for the tip about calling early - I'll definitely try that. The website really does make it sound like you only have 30 days after birth to apply, so I'm so relieved to hear about the 12-month window!
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Anastasia Kozlov
Just an additional piece of information that might be helpful - when your husband does apply, make sure he has the birth certificate ready to upload, and also be prepared that they might ask for additional documentation to verify the birth date since it's been several months. I've seen ESD be more thorough with verification when applications come in later within the 12-month window.
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NeonNebula
•That's really helpful to know! We do have the birth certificate and I think we still have hospital discharge papers too. I'll make sure we have all that ready before he applies. Thanks for the heads up!
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Ethan Campbell
I'm so glad you found this helpful information! Just wanted to add one more thing - when your husband does start his leave and applies, make sure he applies for the full amount of time he wants to take right away. You can't extend PFML claims later if you decide you want more time off. The maximum for bonding leave is 12 weeks, and it has to be taken within that first year after birth. Also, if his employer offers any kind of supplemental paid leave that works with PFML, definitely look into that too since PFML only covers a percentage of his wages. Good luck with everything!
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Freya Collins
•This is such great advice about applying for the full amount upfront! I had no idea you couldn't extend it later. That's definitely something we need to think through carefully before he applies. Do you happen to know if the 12 weeks has to be taken consecutively, or can it be broken up? His work might be more flexible if he could take it in chunks, but I want to make sure that's even allowed under PFML rules.
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