The following is for informational purposes only. Do not rely on this information without consulting the Employment Development Department (EDD), which administers California's paid family leave program.
Workers who participate in the State Disability Insurance (SDI) Program are entitled to a maximum of six weeks of partial pay each year while taking time off from work to bond with a newborn baby, newly adopted or foster child, or to care for a seriously ill parent, child, spouse or registered domestic partner.
1. Who is eligible for Paid Family Leave benefits?
Full and part-time employees who pay into the SDI program can receive Paid Family Leave (PFL) benefits, regardless of the size of their employer.
2. Does an employee have to work a minimum number of hours or days before becoming eligible for Paid Family Leave benefits?
No. Eligibility for PFL benefits is determined by your earnings in the base period, not on the number of days or months worked. Wages earned approximately 5 to 17 months prior to the beginning of your PFL insurance claim are included in your base period.
3. Is an employee eligible if he or she is not a U.S. citizen?
You are eligible to receive PFL benefits if you pay into the SDI program. You do not have to be a U.S. citizen.
4. Is there a waiting period for Paid Family Leave benefits?
Both SDI and PFL require a seven-day, non-payable waiting period.
5. If I am caring for the same person within the same 12-month period, but there is a break in my care, is another seven-day waiting period required?
No.
6. Is the seven-day waiting period for Paid Family Leave seven consecutive days?
No. The required seven-day waiting period does not need to be taken seven days in a row. For example, if one day of care were provided per week, the seven-day waiting period would be satisfied over a seven-week period. Benefits are payable once the seven days have been satisfied and all other eligibility criteria are met.
7. Do I need to take all of my Paid Family Leave at one time?
No. The law does not establish a minimum number of hours, days or weeks that an employee must take leave in order to receive PFL benefits. It only establishes the maximum benefit time of six weeks within a 12-month period.
8. Am I required by law to use my vacation leave before receiving Paid Family Leave benefits?
An employer may require an employee to take two weeks of earned, but unused vacation leave. Vacation leave may include paid time off. One week of the vacation leave will be used to satisfy the seven-day waiting period. However, employers are not relieved of any collective bargaining duties they may have with respect to vacation leave.
9. If I have not accumulated two weeks of vacation leave, can my employer require that I use my earned, but unused sick leave?
No. The PFL law does not authorize employers to require the use of sick leave in lieu of vacation.