Workers can arrange to get Paid family Leave (PFL) benefits during the time they take the leave guaranteed to them by the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA). The leave days count at the same time.

Choosing the best dates to take leave days is easier when a Californian knows all the leave they can take.

The Leave Benefits Come Together

The leave laws were written so the leaves taken under the leave programs happen together. Workers must take the 6 weeks in the Paid Family Leave during a 12 week leave period made an option by either CFRA or FMLA. A worker can choose any days in the 12 weeks of unpaid leave to use the PFL benefits, as long as the total paid days add up to no more than 6 weeks. The CFRA and FMLA weeks are used up at the same time. Typically, a worker can not add them together to get 24 weeks.

However, workers that take FMLA pregnancy leave and then CFRA bonding leave can take 24 weeks of unpaid leave. In this situation, PFL benefits are available during the CFRA bonding time. During pregnancy leave, the worker can get paid Pregnancy Disability Leave (PDL) benefits.

CFRA and FMLA both guarantee a Californian their right to return to work at their job. Do not count on PFL to guarantee this right. It does not. Any worker that takes unpaid leave and paid leave during the same weeks will be covered by CFRA or FMLA.

The Difference in Caring for Family

There is an opportunity to take any of the days in the 12 weeks of unpaid leave in the state and federal programs to take care of a family member and get paid PFL benefits to keep the income used for living and paying for care costs steady. The budget used to pay for caring for a seriously ill spouse, parent, or child will be larger.

The Rewards of Bonding

A father or mother can plan on both spending time to bond with a new child and taking in an income. The PFL benefits payments add up during the time off work spent with a newborn, an adopted child, or a foster child. The Californian chooses the days to get paid the family leave benefits during the 12 weeks.

A Different Plan for Pregnancy

The paid leave program for pregnancy in California is separate from the paid leave program for family care and child bonding. Insurance payments for Pregnancy Disability Leave (PDL) last four months. Like PFL, the paid pregnancy leave is also part of the disability insurance program.

Workers can not take the leave at the same time as CFRA leave, since CFRA does not cover pregnancy. When PDL benefits are exhausted, CFRA unpaid leave can start. FMLA does cover pregnancy and workers can take the weeks in the 12 weeks leave time at the same time they get PDL benefits.

Filling the Leave Days with Paid Time Off

Californians might be able to add paid vacation and sick days to their paid family leave. Workers can always choose to use paid vacation days instead of PFL and unpaid leave. The CFRA gives them the right to make that choice. Employers also are allowed to require their worker to use their paid vacation days. Sick days, on the other hand, can only be used when the worker and their employer agree on using these paid days instead of family leave. The worker gives up their CFRA and FMLA time day for day.

Californians can put together their own plan for taking paid days off.

Sources:

California Employment Development Department, Paid Family Leave Insurance Program (January 2009).

California Family Rights Act, in the Fair Employment and Housing Act (1993).

U. S. Department of Labor, Wage and Hour Division, Employee Rights and Responsibilities Under the Family and Medical Leave Act (January 2009).