When bonding with your new child or caring for an ill family member, you need benefits to cover lost wages. Unfortunately, the EDD can wrongfully deny your benefits. For help, check out this guide on what to do if you’re denied paid family leave.
What Is Paid Family Leave?
Paid family leave is a program that provides employed Californians up to eight weeks of partial pay to take time off work to care for an ill family member or to bond with a new child. Bonding time includes fostered or adopted children. California workers fund the EDD Paid Family Leave (PFL) program through a State Disability Insurance payroll deduction.
What are Paid Family Leave Benefits?
There are three types of PFL claims:
- Bonding: For birth mothers transitioning from pregnancy disability benefits and new mothers (without a pregnancy disability claim), fathers, and foster or adoptive parents welcoming a new child into the home.
- Care: For individuals who become a caregiver for a seriously ill family member.
- Military Assist: For workers taking time off to support a military-family member deploying to a foreign country.
If eligible, you may receive benefit payments for up to 8 weeks in a 12-month period. The minimum weekly benefit amount is $50, and the maximum is $1,681 per week. Our Paid Family Leave Calculator helps estimate your benefit amount.
PFL provides benefit payments but not job protection. Your job may be protected by other laws, such as the Family and Medical Leave Act or the California Family Rights Act.
You can apply now if you have your information ready.
Apply Now
Otherwise, go to Step 1 and get your information in order.
Step 1: Get Your Information in Order
Step 2: Apply
Step 3: Submit Required Documents
Step 4: Review Benefit Documents
Step 5: Receive Your First Payment
Step 6: Manage Benefits
Step 7: End Your Benefits
Paid Family Leave Resources
- State Disability Insurance Tutorials and Videos
- Overpayments
- Appeals
- Benefits and Resources for Undocumented Workers
Who Is Eligible for Paid Family Leave?
Eligibility for PFL varies depending on the state, but generally, a worker must meet several common criteria:
Federal (FMLA) Eligibility
According to the U.S. Department of Labor, an employee is eligible for FMLA if:
- They have worked for their employer for at least 12 months
- They have clocked at least 1,250 hours during the past 12 months
- They work at a location where the employer has 50 or more employees within 75 miles
However, FMLA does not provide wage replacement; it only guarantees job protection.
California Paid Family Leave (PFL)
As outlined by the California Employment Development Department (EDD), employees may qualify if they:
- Are currently employed or actively looking for work
- Have earned at least $300 in wages subject to State Disability Insurance (SDI) deductions during the base period
- Are taking leave to care for a seriously ill family member or bond with a new child
California does not require employers to hold the employee’s job unless covered by FMLA/CFRA, but most employees do return to their position after PFL.
So how do you know if you’re eligible to file a claim? To file an EDD PFL claim, the person must be a part-time or full-time employee who contributes to State Disability Insurance through payroll deductions. Eligibility also includes self-employed Californians or independent contractors who contribute to the Disability Insurance Coverage Program.
Ineligibility or Conflicting Wages
While PFL is a valuable benefit, not everyone qualifies. Some individuals may be ineligible due to wage requirements, employer classification, or the nature of their work.
Common Reasons for Ineligibility
- Independent Contractors: Most programs, including California’s, do not cover independent contractors unless they opt into the system voluntarily.
- Low Wages: In California, if you have not earned at least $300 in wages during your base period with SDI deductions, you will be ineligible.
- Short Tenure: In New York, working less than the required duration (e.g., under 26 weeks full-time) disqualifies you.
- Conflicting Benefits: If you are already receiving Unemployment Insurance (UI) or State Disability Insurance (SDI) benefits, you may not qualify for PFL simultaneously unless specific conditions are met.
The California EDD highlights that overlapping wage payments or receiving full salary from an employer during the leave period may reduce or eliminate PFL benefit payments.
Conflicting Wages or Leave
Receiving other types of paid leave or wages while claiming PFL may interfere with your eligibility. For example:
- Receiving full pay from your employer may nullify benefits.
- Receiving partial pay might reduce your PFL benefits proportionally.
- You generally cannot claim Unemployment Insurance (UI) or State Disability Insurance (SDI) for the same time period as PFL.
Each state program has its own set of rules to prevent double-dipping and to ensure that only eligible workers receive benefits.
Right To Appeal a Denial of Benefits
If your Paid Family Leave application is denied, you have the right to appeal the decision. States provide a formal process for workers to contest denied claims.
California: Appeal Through the EDD
According to the EDD Appeals process, the steps include:
- Submitting an Appeal Form (DE 1000A) within 30 days of the denial notice.
- Explaining the reason you disagree with the decision.
- Attending a hearing with an administrative law judge, if necessary.
You may represent yourself or bring a legal representative. New medical documentation may be submitted during the appeal.
It’s important to act quickly because there are strict deadlines for filing an appeal. If you miss the deadline, you may lose your right to challenge the decision.
Conclusion
Many Californians rely on EDD PFL to help cover living costs during time off work. If the EDD does not reverse the determination notice, the appeal goes to the Office of Appeals for a hearing. Representing yourself in court is challenging, especially if you don’t have experience with the EDD. Fortunately, an EDD lawyer in California can help you! Let Pershing Square Law Firm review your case and help you receive benefits faster! Get started by calling us at (866) 798-2397.
