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Employment Law/CA version of FMLA


What is difference between CMLA and PFL?  Can they run concurrently?  When does the 12-weeks begin, pre-delivery or post-delivery?  Ex: If a Doctor prescribes "bed rest" at month 5 of pregnancy, does this fall under some other legislation or does the 12-weeks begin at that point?  What happens if the 12-weeks expire and doctor does not release to go back to work?

As always we appreciate your knowledge...your a trusted advisor.

There is a pregnancy leave video on this site which helps explain the different types of leave.

FMLA is an unpaid leave provided by the federal government which holds your job for 12 weeks while you are off. You are not paid wages nor any amount on FMLA leave.

FMLA leave can run concurrent with other leave.

You may be eligible for DI (Disability Insurance Payments)

Are you out of work due to a non-industrial injury, illness, or pregnancy related condition? Disability Insurance (DI) provides partial wage replacement to eligible workers who are unable to work because of a disability.

Disability is defined as any mental or physical illness or injury which prevents you from performing your regular or customary work according to California Unemployment Insurance Code, Section 2626.

The Disability Insurance Branch of the California Employment Development Department (EDD) administers three disability insurance plans:
•State Plan. The majority of employees in California are covered by this plan, and most of the information provided on the Disability Insurance portion of this site pertains to the State Plan.
•Voluntary Plan. This is a private plan that employers and employee groups may apply to EDD for approval of a Voluntary Plan if the majority of employees and the employer agree to do so. If covered by a Voluntary Plan, the provisions of this site may not apply to you. Obtain information about your coverage and file a voluntary plan claim through your employer.
•Elective Coverage. Employers and self–employed persons, including general partners, individuals in family employment not subject to the California Unemployment Insurance Code may elect coverage. For additional information on Elective Coverage or to apply for Elective Coverage, contact the Elective Coverage Unit at 916-654-6288.
PFL leave is taken concurrently with FMLA and With CFRA act. (California Family Rights Act)
It is an insurance plan through the state of California that pays up to 6 weeks.

You can get PFL benefits after your pregnancy disability leave. Even if you received State Disability Insurance (SDI) payments during your pregnancy disability leave, you can subsequently take PFL to bond with your new child. The 7-day waiting period required for SDI when taking pregnancy disability leave counts towards the 7-day waiting period for PFL

PFL is a component of the State Disability Insurance
(SDI) program and workers covered by SDI are also
covered for this benefi t. Similarly, workers who are
covered by a Voluntary Plan for SDI are required to be
covered for PFL through their Voluntary Plan.
The maximum claim benefit is six times the weekly
benefit amount. No more than six weeks of PFL benefits
may be paid within any 12-month period.

PFL provides you income replacement while on leave - it does not guarantee job protection during your leave. However, you may be eligible for job-protected leave through the federal Family Medical Leave Act (FMLA), the California Family Rights Act (CFRA) or the California Pregnancy Disability Leave (PDL) law. If you are a union member, you may have the right to job-protected leave through a collective bargaining agreement  

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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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