Let’s Talk Parental Leave Rights In The State Of California
When going on parental leave there is this expectation if you work for an organization that you will be given an outline of exactly what you are entitled to and how to go about taking leave. Unfortunately for most that is not the case. The reality is many companies do not know what you can receive and there is a fear if they tell you the wrong thing that they would somehow be liable or you would be gone longer then they would like. Ultimately it is up to you to advocate for the leave you want and need. I’m not saying it is right but just the reality for most.
This whole process of figuring out what you are entitled to can be quite confusing. I spent hours reading and researching for the information that would properly outline my leave. It was so frustrating how little my employer was able to help me through this. At the same time I’m really glad I carved out the time to know what I have access to prior to our son arriving. I was able to understand how to maximize my leave during a time when I was really struggling through postpartum depression and anxiety.
I do recognize that so many do not have access to the benefits of parental leave that California offers. Which is another reason why I think it is so important to normalize and use parental leave benefits to support change for all states.
My first son is now 7 BUT the idea that 8 years later women and men still have to spend hours trying to figure out what their rights are for leave is just a disappointment. While many organizations are still in the same spot years later there are more women speaking up to help others receive what they are entitled to. I absolutely want to pay what I have learned forward and simplify it for you with some great resources to really map out your leave.
Lastly, I think it is really good information to know that you are most likely one of 95% of employed Californians that have been paying into the right to one day use State Disability Insurance. The cost of State Disability Insurance is funded by 1% tax from your paycheck. You are paying into this so it absolutely makes sense that you should take full advantage of what the state is offering.
Now let’s talk about your rights
As a pregnant mom, you can receive up to four weeks of Disability Insurance (DI) benefits for a normal pregnancy before your expected due date. If you do not take this leave you lose it. The 4 weeks cannot be rolled over to after birth. These four weeks are reserved for prior to birth only. I would also like to note that when you register through the state it will take a week for your leave to kick in so plan accordingly when you are wanting to start this leave. To learn more about this and your eligibility please click here.
Alright now that your little one has arrived how much time do you have access to bond with your baby?
California passed a new law that extends paid family leave from 6 weeks to now 8 weeks effective July 1st, 2020. Click here for more details.
In California, parental leave rights are identified based on if you work for a company that has 5 or more employees. If your company has less than 5 employees unfortunately you are not eligible for these programs. Our expert and employment rights attorney and founder of www.themamattorney.com Daphne Delvaux really lays this out in terms of what you are entitled to. She does a wonderful job explaining how your leave can be structured.
If your company has 5 or more employees right now you can expect 17 1/3 weeks and additional 12 weeks of bonding equaling about 7 months. I actually took this full amount and was paid during the entire term because my company disability insurance covered a portion after my state benefits ended while I was working through my postpartum depression. Click here for more details from The Mama Attorney, Daphne Delvaux. on how you can frame out your parental leave if your company has 5 plus employees.
Now probably the most important part of your leave is will and how do you get paid. Click here to understand details on how you can be paid during your leave provided by The Mama Attorney, Daphne Delvaux.
Let me just add another important component to this, the importance of your spouse taking parental leave or the non-birthing parent. I learned this the hard way how difficult the transition was into motherhood without having my spouse able to be there to support me and ultimately our family suffered from him going back to work so soon. At the same time, there are social norms that fight against this in the workplace but the more men start taking paternity leave the more normal this will become. Click here to view what your partner is entitled to and eligible for provided by The Mama Attorney, Daphne Delvaux.
The goal in this post is to simplify the information and provide resources that will help you navigate the somewhat complicated task of parental leave. The hope is this will start the process of you having the ability to advocate for what you will need as you navigate pregnancy and the arrival of your new baby.