Money and California Maternity Leave

How to navigate State Disability, Pregnancy, Paid Family Leave
and returning to work as a Lactating Professional in California

Most of you will be working with your company’s HR benefits manager. The HR person at your work will probably give you all kinds of information about job protection and how long you can stay out of work unpaid, realistically you will want to take as much time as you can afford to care and bond with your new family.

In the state of California maternity leave breaks down into 3 segments: Before (CA State Disability) - before you have the baby, Healing (CA Maternity Benefits) -recovery, and Bonding (FMLA) - baby-bonding time.

Before You Have The Baby (CA State Disability)
In California, State Disability permits you to leave work (paid) up to 4 weeks before your scheduled due date with Doctors approval. I HIGHLY suggest that you take this time; it is the last time you will have to care for yourself before the birth of your baby. Most women do not capitalize on this time to rest and mentally prepare for the mind shift that is about to occur – Motherhood. If you don’t use it, you lose it. You cannot add this time on to your recovery or bonding time.

Here is the catch; from the date you leave work (which can only be as early as 4 weeks before), there is a 7-day total (not work days) unpaid period that you do not get paid for. Even though disability allows for 4 weeks before due date, you really only get 4 weeks if you leave 4 weeks before your due date, and then you are a week late. What if you are late? Don’t worry as you are covered, most doctors will induce labor one week past due date - 4 weeks before your due date is a good time to plan this leave. There is no need to be a hero and try to work up to the day you deliver;
all that does is leave a bunch of loose ends on your desk…proper planning benefits everyone in the workplace environment.

Here is the breakdown on the $: State Disability will only pay you a portion of your pay- not pay 100%. The figure is somewhere between 55 and 60%. You will be informed of the exact figure about 1-2 weeks after you send in the disability forms. The calculation is based on the highest quarterly average in the last year. You may check the state website for more information @ Benefits Information.

To file, discuss this option with your doctor early on/or about 32 weeks pregnant. It is not typical that your doctor will bring this up as a topic of discussion with you; therefore, it will be your responsibility to bring it up if you want to capitalize on the benefits. This will allow your doctor the time needed to fill out the paperwork and sign off on it, and allow you to get the whole benefit you are entitled to. I suggest getting the forms and bringing them to your appointment, many doctors’ offices have the forms but to ensure that it gets done I would download the forms from the state site.

The above scenario is for normal pregnancies without complications, and typical employment situations. If you have a high risk or complicated pregnancy that requires you to leave work earlier, you doctor will certify your disability and you will get benefits for the time you are out, even if it is longer than four weeks.

Recovery (CA Maternity Benefits, 6 weeks vaginal/8 weeks C-section)
After the birth of your baby, a representative from the State Disability office will call you to confirm details about your birth. Simply stated, you will continue to get disability pay for 6 weeks after a vaginal delivery, or 8 weeks after a C-Section. It will be the same amount that you got if you were on disability before your birth; if you did not the same calculation is used to figure out pay. After this period ends, you will receive a form in the mail to notify you of the end of your benefits and ask if there is any birth related situation that would allow for extension of benefits. If you are having complications, you can bring this form to your doctor, who can request that you remain on disability for longer. This would have to be doctor approved and medically necessary. If you were medically sound you would then be eligible to opt for Paid Family Leave.

Bonding Time (Paid Family Leave)
When maternity benefits end (6/8 weeks postpartum), you will receive a letter about Paid Family Leave. This benefit allows you to continue getting paid for up to 6 weeks to bond with your baby; this is the same amount that you were getting on maternity leave. If you want to opt for the benefit fill out the form that comes with your last disability payment and send it in; this will allow you to get 6 more weeks paid with your baby. If you need more information please access the link: Paid Family Leave.

One Important Note!!!!
Job Protection! You need to check with your HR benefits manager and or access the FMLA website to see if the date you left and the date you end your Paid Family Leave are in sync so that FMLA still covers you after Paid Family Leave. FMLA protects your job while on leave. You should open the dialogue with your HR professional before your leave so that you can clarify your plans and discuss your options; no one likes surprises. You will find that most employers are supportive as long as they know what to expect and can plan accordingly. FMLA

In Summary…
In short, you are going to get paid approximately 60% of your regular wages for 4 weeks pre baby and up to 12 weeks after your baby is born.

Plan, Plan, Plan! A well-laid plan protects you, your baby and your job! Many employers have subsidized plans that work in conjunction with what the state provides; talk to your HR professional early and often. Know your rights!

Your baby is only a newborn once!

More resources

 

California Civil Codes that ensure and protect breastfeeding:

California Civil Codes

Cal. Civil Code § 43.3 (1997) allows a mother to breastfeed her child in any location, public or private, except the private home or residence of another, where the mother and the child are otherwise authorized to be present.
(AB 157)
Cal. Civil Code § 210.5 (2000) allows the mother of a breastfed child to postpone jury duty for one year and specifically eliminates the need for the mother to appear in court to request the postponement. The law also provides that the one-year period may be extended upon written request of the mother. (Chap. 266; AB 1814)
Cal. Health and Safety Code § 1647 (1999) declares that the procurement, processing, distribution or use of human milk for the purpose of human consumption is considered to be a rendition of service rather than a sale of human milk. (Chap. 87; AB 532)
Cal. Health and Safety Code § 123360 and § 1257.9 require that the Department of Public Health include in its public service campaign the promotion of mothers breastfeeding their infants. The department shall also develop a training course of hospital policies and recommendations that promote exclusive breastfeeding and specify staff for whom this model training is appropriate. The recommendation is targeted at hospitals with exclusive patient breastfeeding rates ranked in the lowest twenty-five percent of the state. (2007 Chapter 460, SB 22)
Cal. Labor Code § 1030 et seq. (2001) provides that employers need to allow a break and provide a room for a mother who desires to express milk in private.
Cal. Assembly Concurrent Resolution 155 (1998) encourages the state and employers to support and encourage the practice of breastfeeding by striving to accommodate the needs of employees, and by ensuring that employees are provided with adequate facilities for breastfeeding and expressing milk for their children. The resolution memorializes the governor to declare by executive order that all state employees be provided with adequate facilities for breast feeding and expressing milk.

http://www.ncsl.org/programs/health/breast50.htm