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.
Who Is Eligible for Paid Family Leave?
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.
In addition, the person must be a parent who will lose wages due to taking time off work to bond with a new child or lose wages due to caring for an ill family member. It’s important to note that the length of time you worked at the job or immigration status doesn’t affect eligibility.
Ineligibility or Conflicting Wages
According to the EDD, a person is ineligible for PFL if they receive worker’s compensation benefits, do not have a loss of wages, or do not contribute to the SDI payroll deduction. Conflicting wages also play a factor, especially if the person receives them at the same time as PFL. Here are examples of wages that a person must report to the EDD Paid Family Leave Division:
- Paid time off
- Sick leave pay
- Holiday pay
- Bonuses
- Self-employment income
- Commission
- Residuals
Right To Appeal a Denial of Benefits
Many Californians rely on EDD PFL to help cover living costs during time off work. And a denial of benefits can affect someone’s life. So, if you’re denied paid family leave, you should file an appeal. You should submit the appeal in writing within 30 days of receiving a determination notice.
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 (800) 696-1206.
