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Maternity Leave, California


Forum: Financial Planning and Budgeting

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  #1  
August 27th, 2007, 09:14 PM
Bre+Will=Reid
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Hi girls,

My husband and I are TTC #1 and I have a few questions about leave.

First, can someone explain California maternity laws to me? I'm a base + commission paid full time employee. Not hourly or salary. I average a little under $4k/month gross. I've been with my company for 18 months, and an employee since January of this year (was an independent contractor prior to that). My employer does pay into state disability.

What kind of income will I be looking at, and how much time can I take off and still receive disability? 6 weeks? 12 weeks? ??
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  #2  
August 27th, 2007, 10:22 PM
~Jess~'s Avatar Platinum Supermommy
Join Date: Oct 2005
Location: Central California
Posts: 16,959
Found this: http://www.dfeh.ca.gov/Statutes/pregnancyleave.asp

Quote:
Pregnancy disability leave and California Family Rights Act (CFRA) leave

A woman who takes a pregnancy disability leave is also entitled to take a CFRA leave if she meets the eligibility requirements for a CFRA leave. That means that a woman who is eligible for CFRA leave could take up to four months of pregnancy disability leave for her pregnancy disability and could also be entitled to up to 12 weeks of CFRA leave to bond with the baby, or for another CFRA qualifying event such as to bond with an adopted child, or to care for a parent, spouse or child with a serious health condition.[/b]
Gonna see if I can find something on getting paid...
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  #3  
August 27th, 2007, 10:29 PM
~Jess~'s Avatar Platinum Supermommy
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Looks like you would get 6 weeks of DI (disability insurance) for a normal vaginal delivery, 8 weeks for c-section.

&

6 weeks of PFL (paid family leave).

The additional 6 weeks would be unpaid, but since you get to cash out your sick/vacation hours from your employer, you may be able to save up enough time to get paid for the full 18 weeks.
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  #4  
August 27th, 2007, 10:35 PM
~Jess~'s Avatar Platinum Supermommy
Join Date: Oct 2005
Location: Central California
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Quote:
How will you determine my weekly benefit amount for Paid Family Leave insurance?

We calculate your weekly benefit amount based on the calendar quarter with the highest earnings in your base period. The base period covers 12 months and is divided into four consecutive quarters of three months each. The wages you were paid approximately 5 to 17 months before your claim begins are included in the base period (they must be subject to the SDI tax). Your base period does not include wages paid at the time your claim begins.

NOTE-If you received SDI pregnancy disability benefits and then file a Paid Family Leave insurance claim to bond with your new child, your weekly benefit amount is the same as your SDI weekly benefit amount. There is no new calculation of your weekly benefit amount when your bonding claim follows your SDI pregnancy claim. This is true even if your bonding claim does not immediately follow your SDI pregnancy claim.


For all claims, with the exception noted above, if your claim begins on or after January 1, 2007, in the months noted below:

* January, February, or March, your base period is the 12 months ending last September 30. (Example: A claim beginning February 14, 2007, uses a base period of October 1, 2005, through September 30, 2006.)
* April, May, or June, your base period is the 12 months ending last December 31. (Example: A claim beginning June 20, 2007, uses a base period of January 1, 2006, through December 31, 2006.)
* July, August, or September, your base period is the 12 months ending last March 31. (Example: A claim beginning September 27, 2007, uses a base period of April 1, 2006, through March 31, 2007.)
* October, November, or December, your base period is the 12 months ending last June 30. (Example: A claim beginning November 2, 2007, uses a base period of July 1, 2006, through June 30, 2007.)



How much will I receive?

For Paid Family Leave claims beginning on or after January 1, 2007 weekly benefits range from $50 to a maximum of $882. To qualify for the maximum weekly benefit amount (882) an individual must earn at least $20823.64 in a calendar quarter during the base period.


Will my Paid Family Leave insurance benefits equal my full pay?

Your weekly benefit amount will be approximately 55 percent of your earnings up to the maximum weekly benefit amount.[/b]
http://www.edd.ca.gov/direp/pflfaq1.asp

Your dh can also take 6 weeks of PFL, either at the same time as you, or at a different time (some parents alternate to keep the child out of daycare for as long as possible.)
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  #5  
August 28th, 2007, 01:45 PM
Bre+Will=Reid
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Ah, thanks for looking into this Jess. I don't have "sick/vacation" hours with my position. I get paid a monthly base of $500, and then I get paid on my commissions per issue (6 issues in a year). I choose to split my commissions in half in order to receive them monthly instead of bi-monthly. So, as long as I complete my work, I can take time off and still be compensated for my commission/base for that month/issue.

I'm assuming that my maternity leave payments will be in the form of short term disability.

But, I would love to get some opinions on this. In my business, I sell advertising contracts. Most of my clients are on 1 year contracts. They pay X amount of dollars per page, per issue, and I get paid $140 per page, per issue (on top of my base and a few other arrangements that we have worked out). So, while I am out on leave, my clients will still be fulfilling their contracts and advertising in the magazine, per the agreement that I set up with them months prior.

Although I will not be the one dealing with them while I am on leave (or doing production, other work related things), they are still my clients and are clients because of my hard work and the fact that I was able to pin them on a long term contract.

I'm planning on asking my emloyer to compensate me accordingly, even while I am on leave. I wouldn't ask for much. I just feel that I should still be compensated at least....something.

What do you think Jess? Does this sound reasonable? This is all so much more difficult because of the industry that I am in and the semi-complicated way in which I get paid!
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  #6  
August 29th, 2007, 02:32 PM
MandiK's Avatar Platinum Supermommy
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I would absolutely expect to be paid on any contracts that you had already secured, even while you are on leave. Heck, if you could work from home while the newbie slept you could even potentially nail down some more new contracts while you were gone.
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  #7  
August 30th, 2007, 07:36 AM
3Xblessed's Avatar Platinum Supermommy
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Have you talked to your human resources yet? The other factor is that your company has to be more than 50 employees for you to qualify for the extended leave.

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