FAQs - Paid Family Leave Eligibility
You may be eligible for Paid Family Leave if you are:
- A part- or full-time public- or private-sector employee who has contributed to the State Disability Insurance program through mandatory payroll deductions at some point during the previous 18 months,
A self-employed Californian who has contributed to the Disability Insurance Elective Coverage Program at some point during the previous 18 months,
- A mother, father, or an adoptive or foster parent who is earning less or no money because of time taken off from work to bond with a new child,
An individual who is earning less or no money because of time taken off from work to care for a seriously ill family member (child, parent, parent-in-law, grandparent, grandchild, sibling, spouse, or registered domestic partner).
Read about Eligibility Requirements to learn more.
- If I pay into State Disability Insurance but I don’t live in California, am I still eligible for benefits?
Yes. Where you live does not affect your eligibility.
Yes. To use Paid Family Leave benefits intermittently while working part time, check “yes” to question A13 on the Claim for Paid Family Leave Benefits (DE 2501F) form or “yes” to question 6 on the Claim for Paid Family Leave (Paid Family Leave ) Benefits – New Mother (DE 2501FP) form. If filing online, check “yes” to the question, “Will you work at any time during your family leave?” You should also attach a detailed note to your claim form explaining which days you will work and the number of hours to be worked each day.
The EDD makes every effort to process your Paid Family Leave (PFL) payment within 14 days of receiving your complete initial claim. Your employer may require that you use up to two weeks of vacation leave or paid time off (PTO) prior to receiving Paid Family Leave benefits. Paid Family Leave benefits can start immediately after your vacation leave/PTO ends.
- Does my child have to be born on or after July 1, 2020, to be eligible for up to eight weeks of Paid Family Leave benefits?
No. Your child’s date of birth does not determine whether you are eligible for up to eight weeks of benefits. Paid Family Leave (PFL) claim benefit eligibility is based on your claim start date.
For example, if your baby is born on May 1, 2020, you may request that your PFL baby bonding claim begin on or after July 1, 2020, to be eligible for the eight weeks of benefits.
- If I am transitioning from a Disability Insurance pregnancy claim to a Paid Family Leave bonding claim, do I need to wait until July 1, 2020, to file my claim to receive up to eight weeks of benefits?
Yes, you should wait until July 1, 2020, to receive the eight weeks. If you file your claim before July 1, 2020, you will only be eligible to a total of six weeks of benefits.
- If my Disability Insurance pregnancy claim started prior to July 1, 2020, and I wait to transition to my Paid Family Leave claim on or after July 1, 2020, am I eligible for the eight weeks of benefits?
- If I file either a Paid Family Leave bonding or care claim prior to July 1, 2020, would I get the two additional weeks of Paid Family Leave benefits after July 1, 2020?
No, if you file any Paid Family Leave claim before July 1, 2020, you would only be eligible for a total of six weeks of benefits.
A serious health condition means an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice or residential medical care facility, or at home. This includes any period of incapacity (e.g., inability to work, attend school, or perform other regular daily activities) or any subsequent treatment in connection with such inpatient care; or continuing treatment by a physician or practitioner.
Unless complications arise, cosmetic treatments, the common cold, influenza, earaches, upset stomach, minor ulcers, and headaches other than migraines, are examples of conditions that do not meet the definition of a serious health condition for the purposes of Paid Family Leave.
- A Nurse Practitioner or Physician Assistant is treating my care recipient. Can the treating Nurse Practitioner or Physician Assistant certify my Claim for Paid Family Leave Benefits?
Yes. A Nurse Practitioner or Physician Assistant can certify for all medical conditions within their scope of practice after they have performed a physical examination and collaborated with a physician and/or surgeon
- I have accrued employer-provided sick leave, vacation time, and/or PTO. Do I have to take this leave before becoming eligible for and/or applying for Paid Family Leave?
Not necessarily. Your employer may require you to take up to two weeks of unused vacation leave and/or PTO before receiving Paid Family Leave (PFL) benefits, but you should check with your human resources department first, since all employers are different. That said, your employer cannot require you to use sick leave before receiving PFL benefits.
You may be able to take unused sick leave and receive PFL benefits at the same time, but the combined benefits cannot exceed 100 percent of your regular earnings or your PFL benefits will be reduced by the amount of sick leave wages received. For more information about coordinating PFL with sick leave, DI, or other benefits, visit the FAQs – Integration/Coordination of SDI Benefits page.
- Am I eligible for Paid Family Leave benefits if I care for a family member that is out-of-state or out-of-the-country?
Yes. The care recipient’s treating physician/practitioner must provide medical certification establishing a need for care.