Paid Family Leave - Brightwood Law Group, PC

California Paid Family Leave (PFL): Benefits for Family Care and New Child Bonding

Financial Support for Important Family Time

Californians often need to take time away from work to care for a seriously ill family member or to bond with a new child. Recognizing the financial strain such absences can cause, California established the Paid Family Leave (PFL) program. PFL provides partial wage replacement benefits to eligible employees, allowing them to focus on critical family needs without the full burden of lost income.

It’s crucial to understand that PFL provides wage replacement benefits and is administered by the state’s Employment Development Department (EDD); it does not in itself create a right to leave or guarantee job protection. Job protection typically comes from other laws like the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA), which may run concurrently with your PFL benefits period. At Brightwood Law Group, we can help you understand the full scope of your leave rights and benefits.

What is California Paid Family Leave (PFL)?

Paid Family Leave (PFL) is a California state insurance program that provides partial wage replacement benefits to eligible employees who need to take time off work for qualifying family-related reasons.

Wage Replacement, Not Leave Entitlement: PFL provides monetary benefits to replace a portion of your lost wages. It is not a type of leave from work; rather, it is a benefit you can receive while you are on an approved leave (such as FMLA or CFRA) or otherwise permissibly absent from work for a covered reason.
Funding: PFL is funded through employee payroll deductions and is part of the State Disability Insurance (SDI) program. You will likely see this deduction as “CASDI” on your paystub.
Administering Agency: The PFL program is administered by California’s Employment Development Department (EDD).

Who is Eligible for PFL Benefits?

To be eligible for PFL benefits, you generally must:

Be covered by State Disability Insurance (SDI) (most California employees are).
Have earned at least $300 from which SDI deductions were withheld during your “base period” (a 12-month period determined by the EDD, typically 5 to 18 months before your PFL claim begins).
Take time off work for one of the following qualifying reasons:

- To bond with a new child (either by birth, adoption, or foster care placement) within the first year of the child’s arrival. PFL is available to mothers, fathers, and same-sex parents.
- To care for a seriously ill child, parent, parent-in-law, grandparent, grandchild, sibling, spouse, or registered domestic partner.
- (In some cases, to participate in a qualifying exigency because of the military deployment of a spouse, domestic partner, parent, or child to a foreign country).

Have suffered a loss of wages due to taking time off for a qualifying reason.
File your claim with the EDD no earlier than the first day your family leave begins and no later than 41 days after your family leave begins to avoid potential disqualification or loss of benefits.

PFL Benefits: What Can You Receive?

Benefit Amount: If eligible, PFL benefits are approximately 60 to 70 percent of the wages you earned 5 to 18 months before your claim start date. The EDD calculates this based on your highest quarter of earnings in your base period. There is a maximum weekly benefit amount set by law, which is updated periodically.
Benefit Duration: Eligible individuals can receive PFL benefits for up to 8 weeks within any 12-month period. These 8 weeks do not need to be taken consecutively.
Waiting Period: Unlike State Disability Insurance (SDI) for an employee’s own disability, there is no unpaid waiting period for PFL claims. Benefits can begin on the first day your family leave starts and you suffer a wage loss.

How to Apply for PFL Benefits

The most common and efficient way to apply for PFL benefits is online through the EDD’s SDI Online portal. You can also apply by mail. The process generally involves:

1. Gathering Information: You’ll need information about your last employer, the dates you need to take family leave, and specific documentation depending on your claim type.
2. Filing Your Claim (Claimant Information): Complete and submit your portion of the PFL claim form to the EDD.
3. Supporting Documentation:
  - For Bonding Claims: You’ll typically need to provide proof of relationship or documentation of the birth, adoption, or foster care placement.
  - For Caregiving Claims: The family member you are caring for must have their physician/practitioner complete a medical certification (“Certificate of Treating Physician/Practitioner”) confirming their serious health condition and your need to provide care.
4. Employer Notification: The EDD will notify your most recent employer(s) of your claim. Your employer will be asked to provide information about your employment and wages.

PFL and Job Protection: An Important Distinction

It is critical to understand that PFL benefits do not provide job protection. PFL is a wage replacement program only.

Job Protection Comes from Other Laws: Your right to return to your job after taking leave is typically governed by other laws such as the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). If you are eligible for FMLA and/or CFRA, these laws provide job-protected leave, and PFL can provide income during that leave period.
If Not Eligible for FMLA/CFRA: If you are not eligible for job-protected leave under FMLA or CFRA (e.g., your employer is too small to be covered by FMLA and you haven’t met CFRA’s 5-employee threshold or your own eligibility criteria), taking time off work to receive PFL benefits does not automatically guarantee that your job will be held for you, unless another law (like pregnancy disability leave or leave as a reasonable accommodation) or specific employer policy provides that protection. This is why it’s important to speak to an attorney on our team to ensure that your job is protected.

Interaction with Other Leaves and Benefits

FMLA/CFRA: PFL provides partial wage replacement during periods of unpaid FMLA/CFRA leave taken for new child bonding or to care for a seriously ill family member.
State Disability Insurance (SDI): SDI provides wage replacement for an employee’s own non-work-related disability (including pregnancy). An employee might transition from receiving SDI benefits for her own pregnancy-related disability to receiving PFL benefits for bonding with her new child.
California Paid Sick Leave (PSL): PSL is employer-paid leave. Depending on your employer’s policy, you might be able to use accrued paid sick leave to supplement your PFL benefits, potentially covering the portion of your wages not replaced by PFL, or to cover absences for reasons also covered by PFL.

What to Do If You Have Questions or Issues with PFL or Related Leave Rights?

Navigating the interplay between PFL and job-protected leave laws like FMLA and CFRA can be confusing. While Brightwood Law Group, PC does not typically assist with the direct application process for PFL benefits through the EDD, we are strong advocates for employees whose employment rights related to family and medical leave have been violated. If you have questions about PFL and how it interacts with your job-protected leave rights, or if you believe your employer has violated your rights related to family or medical leave, we can help you by providing a free consultation to determine if we are able to represent you and pursue legal action.

PFL often coordinates with job-protected leave. For a general overview, see our California Medical and Family Leave Overview.

Learn about federal job-protected leave under the Family and Medical Leave Act (FMLA).

Understand your state job-protected leave under the California Family Rights Act (CFRA).

If you are unable to work due to your own non-work-related illness or injury, see California Paid Disability Leave (SDI).

If you faced negative actions from your employer related to your leave, see our Retaliation Overview.