Maternity Leave - San Jose, CA

I am a teacher also. I was on maternity leave last year. I highly recommend you talk to people in HR at your DO. It was very confusing and it helped when I sat down and talked with HR.

You need to talk with your HR to see what you qualify for as far as paid leave. However be aware that you have JOB PROTECTED leave for up to 4 months under the Pregnancy Disability Law (PDL), there is information about this on the EDD website. Being a HR professional, I strongly suggest you study up on your rights. PDL is the one that will superceed all - Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA). PDL and FMLA will cover you while you are disabled (FMLA up to 12 weeks), once you are cleared from disability CFRA kicks in for bonding (another 12 weeks) giving you a total of 24 weeks JOB PROTECTED leave. For paid leave you will need to speak with HR since generally this comes from EDD and any short-term disability offset. PFL is what kicks in after disability, but if you do not pay into state disability, then you will not qualify for this either. There is a lot of conflicting info down here, so you need to take it upon yourself to educate yourself and ensure you are within your rights!

Good luck and Congratulations!

Hi C.,
Sounds like everybody has it about right. I just wanted to say, if you are feeling tired, run down, exhausted etc before you are 36 weeks, you can always ask your OB to take you off sooner. I wasn't aware teachers don't pay into state disability, so I guess that would mean it would be time off without pay or possibly with using your sick time you have accrued. But if you're in a financial position to take extra time off before, I highly recommend it. It's so helpful to have a little extra "nesting" time and to be able to let go of all your outside stressors a while before your delivery. (p.s. I also highly recommend epidurals. It's wonderful to be able to enjoy your delivery instead of dreading each contraction!)

C.,

Congratulations on your pregnancy-- I am 24 weeks too! I got all the information I needed on this website.
Go to www.edd.ca.gov They have a whole bunch of information on Family Leave, paid family leave, maternity etc.Hope this helps.

Take care,

M.

I am a teacher too! It all depends on when the doctor says that you should no longer work. If everything is going well, the doctor could say that you can work up to two weeks before. The norm is 6 weeks after for a vaginal birth and 8 weeks for a c section. I would contact the district becuase not all districts have the same policy. Beware, they can also make you use all of your sick time while you are out. Hopefully you have disability insurance since teachers do not qualify for state disability. Good luck with everything! And again talk to you district.

At least in the state of California (it differs from state to state) you can go out 4 weeks before you are due and then you have 6-8 weeks after for recovery disability and then you go into what is called family bonding which is another 6 weeks. This gives you a grand total of 16 weeks of paid leave. If you want to take longer, that is something you have to find out from your job and it usually isn't paid for.

Hello C.,
Here is a direct link to the site you need...http://www.edd.ca.gov/Disability/About_the_Program.htm
The basics is that you get 4 weeks before your due date, unless your doctor thinks you should leave sooner. Then you get 6 weeks after (8 weeks if you have a c-section) and then you and your husband (or baby's daddy =o)) each get 6 weeks for "bonding" time, which you can taken within the child's first year. It's about 50% of your pay.
Best of luck and congratulations!!!

Hi Clarie,

I'm on maternity leave right now and it is confusing! I was only interested in knowing about the programs that paid my parcial salary as there are other programs that will protect your job that run concurrent with state disability. Anyway, here's the run down, but confirm everything with HR (I found that they just confused me more.)

4 weeks postpardum from State Disability (if your doctor deems you unable to work which they typically do.) Paid up to 60% of your salary max is 917.00 a week.

6-8 week maternity (6 weeks vaginal and 8 weeks for C-section) from State Disability

6 weeks once the above is over from Paid Family Leave (PFL) which is paid too.

All the above is paid 60% of salary or max of 917.00 a week.

Hope this helps! You can get a total of 16-18 weeks off paid depending on type of delivery! I had to pull teath to get this simplified....

S.

C.-

I am pregnant with number 2, and the first time around I took one week off before his birth, and 12 weeks after he was born.

This time, I plan on starting leave at 36 weeks (4 weeks before) and I will take 12 weeks after.

The time up until delivery and six weeks after for recovery is considered Pregnancy disability leave, and most people are entitled to SDI. In addition a parent can take another 12 weeks 6 paid through CFLA and 6 unpaid. I can usually only afford to take the 6 paid. www.edd.ca.gov is a good place to get info. Your job is protected by FMLA and CFLA. Take all the time you can. These moments are precious and too fleeting.

Best of Luck,

S.

I think every job is different. but many let you use 8 weeks of sick leave after the baby is born. 6 weeks of sick leave for a normal delivery. nothing before the baby is born. Also at least with the federal gov. you have to use the leave you have earned, they don't give you any extra you just have permission to use that much sick leave, and you can use as much annual leave as you want as long as you leave 80 hours on the books. I don't know what teachers do, you will have to check with your school district.

I would definately meet with the person in charge of this with your school district and get everything in writing!! I was a teacher and had some issues with my district on my maternity leave. I'm not sure of the rules before you deliver, but I know it is 6 weeks for vaginal and 8 weeks for a C-section after. But you can also use your sick leave to extend this time I believe.

Also, teachers do not qualify for the state disabilty. We do not pay into it. You have to have separate disability insurance. Luckily a teacher told me this before I started trying to get pregnant so I got some through CTA. If you do not have disability insurance, I believe once your sick leave is used up, the rest of your maternity leave is un-paid.

As I said, there should be someone in your district that is in charge of leaves and you should sit down with her and figure it all out.

Good Luck!!!

You can take up to 4 weeks prior, and it does not take away from your time after. It's kind of like a 2nd "bucket" of funds that pays for that. They just dont pay you for the first week. If you take 2 weeks, you get paid for one, if you take 4 weeks, you get paid for 3 and so on. After the baby is born, you get 6 or 8 weeks depending on if you have a c-section or not. That is the only paid time off you get, and that is job protected. You can actually take a total of about 3 months off after the baby is born if you are ok with a little unpaid leave. I was off from July 30th thru January 17th - I took the maximum, and loved every minute of it! Make sure you take a little time off before the due date, YOU WILL NEED THE REST.

Hello,

I came back from Maternity Leave last year. You get 4 weeks before the baby and 6 weeks of disability or 8 weeks if you have a c-section. Then disability will send you papers for Family Leave and you get 6 weeks paid and 6 weeks unpaid. You do not have to take the 6 weeks unpaid (this only protects your job no pay). However you can take the last 6 weeks at a later date during the same year. Upaid as well.

Hope this helps

Hi C.,
The rules for leave probably depends on your district policy. I am an elementary school teacher and basically My district said that I would have to give a Dr's note for my last day (which I pretty much decided was 2 weeks before my due date-since I had no complications). I had 6 actual weeks of leave (8 if you have a c-section) according to the district, but I used my sick leave first and had enough to cover my time off since my son was born in May :-). The way it worked for maternity leave for me would have been 1)use sick days until they are gone, 2) use maternity leave (pay is the difference between normal pay and sub pay) and then 3)use my disability pay to offset the lower salary ( I signed up for disability pay the year before becoming pregnant). Hopefully this helps! I am still confused about it!! I asked a lot of formerly pregnant co-workers about it!
Good luck!!!

After the summer you need a Dr.'s note to come back to school as well! If you want/need more time there is also family leave (without pay) for I2 weeks.

I assume ypou will be able to get state disability while you are off so I would talk to the Social Security office to verify or perhaps your human resources staff will know for sure but I think the times you stated are correct but maybe 6 before and 6 after. You can also ask if you take less before can you take more after.

this is true but you can also take an additional 12 weeks of FMLA up until your baby's first birthday.....so keep that in mind!

Is there someone at your school that has been on maternity leave? For me, that was my best starting place. I also got disability insurance - but you need to get it before becoming pregnant (that's how they signed me up). In California, teachers don't get state disability. The disability insurance I had paid 4 weeks before due date and 6-8 weeks after, depending on the birth. You cannot appply any unused time before to after birth time. My 1st, I used mainly sick leave, and was compensated partially by the disability. I then took a leave of absence (unpaid) until the end of the year, and returned after summer. My district allows up to 1 year unpaid leave of absence and you retain your years of service. However, they do not guarantee that a return would be to the same school site. Since my unpaid leave was only 6 weeks, that was not an issue for me. I also have secondary health insurance, so I didn't pay to maintain my district benefits while on unpaid leave. Your benefits should continue during "family leave" even if it is unpaid. With my second, I went back to school for the 1 1/2 weeks in June, to get my benefits over the summer, since I had 2 young children to cover...

It IS very confusing. I would sit down, make a list of all the issues and what your options are (paid and unpaid leave, benefits, etc.) and THEN ask your district and, if you have, disability insurance, to verify. I had to do a fair bit of paper work, asking for maternity leave, unpaid leave, estimated return dates, etc. Do as much as you can, as early as you can. If you want copies of any of my letters, feel free to email me (I started with sample letters from a colleague and modified to suit my needs).

About me: high school science teacher with a son who will be 6 in March, and daughter who will be 4 in February.

Hi C.,

State law mandates that you get 4 week prior to your due date if your Dr. puts you on disability. Most will. After the baby is born, you get maternity leave, 6 weeks for natural birth, 8 weeks for a C-Section. After your maternity leave is over, you are also eligable for 6 additions weeks paid of baby bonding and 6 weeks unpaid if you choose to take them. Your husband is also eligable to take the 6 weeks paid of baby bonding and 6 weeks unpaid. The baby bonding can be used at any time up until the childs 1st birthday.

C.,
If you are teaching in an independent or parochial school (i.e., not part of the teachers' union), then you need to take a look at both FMLA (federal) leave and CA pregnancy leave. I believe these statutes only apply to organizations that have at least a certain number of employees. Google the statutes so that you are aware of any limitations that might apply to your situation based on the number of employees.

Disability will cover 4 weeks prior if the doctor says so, after birth:6 weeks vaginal delivery, 8 weeks c-section. In my district you can take FMLA leave after that for up to a year without pay or get payed if you have enough sick days saved. I would check with your human resources dept. because every district is different. Good Luck!

Hi C.,

Almost all of your responses are regarding legally what is available to you so I thought I would offer an opinion based on your baby. I found that there was a real change in maturity in my baby between 3 and 4 months where she was finally eating and napping on a predictable schedule. I have also found this to be true with other moms I have talked to. So it was a lot less stressful for me to go back to work when she was 4 months because I could let her daycare know her schedule.

In my school district it is wise to return before the end of the school term, even if only for two weeks. Our district only has to promise you a job for the next year, but not the same school and position unless you return before the end of the current school term. Be sure to check it out.

J.

Congratulations!

The federal family leave act allows for 12 weeks unpaid leave. California allows for six weeks of paid leave (they run concurrently to the 12 unpaid weeks allowed by the feds) but I believe you have to have signed up for pregnancy disability/SDI.

Your employer, however, may have more or less generous policies. The best thing to do is talk with your HR department.

in europe 6 months is common,in norway they get 1 year,i had no choice-so i started after 3 weeks-not great for the baby or me.

Hi C. ~
Yes you are allowed 4 weeks before your due date and you get a portion of your regular full paycheck. I'm not sure what the scale is. Then you get 6-8 weeks after depending if you have a c-section then you get 8-10 weeks (your doctor's discretion). Then you are also allowed 6 weeks unpaid FMLA.
Good luck and congratulations!

BEFORE BIRTH: The state of CA allows you to take upto 4 weeks off before your due date, but it is disability pay. You have to check with your employer if their insurance will compensate the difference.

AFTER BIRTH: Generally, maternity leave it 6 weeks after birth for vaginal delivery, 8 weeks for C-section, and possibly longer if there were multiples or complications during birth. You must check with your employer to determine what their policy is.

AFTER MATERNITY LEAVE IS OVER (the 6 -8 weeks expire): CA state law allows you 6 weeks of bonding w/baby time, that they call Family Leave. This is 6 weeks paid as disability (in addition to your maternity leave) that can be taken w/in the first 12 months of the baby's birth, but is generally taken right after maternity leave is over. Again this is disability pay only. However, your job is protected. BY THE WAY, in CA DADDY'S ARE ENTITLED TO TAKE 6 WEEKS OF FAMILY LEAVE PAID, TOO. They need to call 1-800-BE-THERE to file papers. Your papers for family leave will come with your last maternity leave disability check. You just fill it out, sign it, mail it, and your next 6 weeks of pay will continue to come from the state.

AFTER 6 WEEKS OF FAMILY LEAVE EXPIRE: You are entitle to take an additional 6 weeks in the state of CA, but these are NOT paid and your job is not neccessarily protected. Check with your employer.

I am a high school teacher who just got off maternity leave. I hope you have disability because it pays for 4 weeks before and 6-8 weeks after. Almost the same pay check. It was great. Lesson plans should be written for every day you are gone. Start now it will take a while. Contact your district human resources for a sub and then meet with him/her before you leave to get them started. Be specific about lessons and routines. They will take advantage of sub. Leave copies with the principal secretary so they can't say you didn't prepare. Then take your leave 4 weeks before due and relax, shop and do whatever you want. It felt great to have that alone time. Then get ready for the big change. Don't worry about what's going on in your classes just enjoy your baby. Life will go on while you are enjoying your new bundle of joy.

L.

The family leave act allows you to take 12(vaginal)- 14(c-section) weeks total without being fired teachers don't pay into state disability so it would possibly be without pay. Definitely talk with the districts HR person to get clarification

Hello C.,

Yes the info you share is correct but there's also the PFL and FMLA, that's if you want to stay out w/ your baby for bonding. I took the PFL- Paid Family Leave not sure if everyone qualifies but I believe we do. It gave me a few more weeks to bond w/ my baby. Then the FMLA, well I don't know how it works for you being that your a teacher but like were I work the FMLA is time off using your vacation /sick time/comp time that you have accumulated prior to the baby's arrival. SO you might want to look into all these options, just google it.
Good Luck.

I am also a high school teacher and I am taking 3 weeks off before the birth (you can take 4) and I am taking 8 weeks after for c-section and the remainder I will use FMLA, which gives you 60 working days off (summers and holidays don't count towards your 60 days. The 60 days starts the day after you give birth. I know for most teachers you have to pay into a separate disability (before your pregnant) since we are not covered under state disability.

I am a high school teacher also and my son was born at the end of March in 2007. I put in a request with my district to take the rest of that school year off using my accumulated sick days. The people in the personnel office were extremely helpful and I tried to do as much as I could as far as communicate in advance and work with them on finding a sub. My administration was very helpful in trying to find a sub, but it was pretty hard and I couldn't get one who was credentialed. I was able to find two who people to split the rest of the year. I met with them in advance and gave them lesson plans I had used the previous year. I also asked my principal and vice principals to check in with the subs periodically and be sure they got the support they needed. I scheduled my leave of absence to begin two weeks prior to my due date. I didn't think I would need that much time in advance, but I'm so glad I did it as it was so good to be off my feet and use the restroom whenever I needed to rather than when a bell rang. My son arrived six days early; I'm glad I had some time to relax and organize a few things without worrying about lesson plans. You are so fortunate your baby is due in May so you'll have quite a bit of time to relax. I have a friend who took a semester off from teaching (her son was born in August and she took first semester off); you might want to consider that as an option if it is possible. I have been blessed with the gift of receiving a two-year leave from teaching and I'll be returning this fall. Districts are extremely supportive of new moms, so I encourage you to look into all your options. All the best to you and your baby on the way.

If you pay into the social security and California State EDD system you are eligible for 4 weeks prior to delivery, 6 weeks after for a vaginal delivey/8 weeks for a c-section delivery. After that you are then eligible for another 6 weeks under the Paid Family Leave Act (for California)at the same rate of pay as the EDD disability payments. There is also FMLA (12 weeks of unpaid time off without losing yor job) However you said you are a teacher - a California public school teacher? If so, you do not pay into social security and EDD systems. You usually pay into STRS and/or PERS and are not eligible for the California private sector benefits as stated above-you will need to check with your school district office regarding maternity leave rules, pay, disability benefits and maintaining your years of service. If you are a private school teacher then the private sector rules may apply for you, I'm not sure. Check with your school.

Depending on your medical condition you can take as much time off before your child is born if it is medically neccesary. (Your doctor can or will sign papers for you for EDD Disability only if medically neccesary before 4 week before you due date.)and after the birth is 6 week for vaginal delivery and 8 weeks for C-section. You can also get Bonding with child through EDD Disability for an additional 6 weeks after the 1st 6 weeks are up. All of it can be payed based off of your past work history depending on how much you've made. All you have to do is talk to your doctor and have them sign paper work for you and submit it to your work. I had Placenta Previa so I did have several months off before them son was born in Sept! I very much enjoyed the time off. Plus at the later stages of pregnancy you're so tired and can't sleep well due to your body and changes you go through. Good luck! If you have any questions feel free to ask me. I just had my son in Sept!
M.

C., you should talk to the union person at your school or district if you're in a public school- I was also a high school teacher when I had my first daughter and I was surprised how inflexible they were. Also I don't know if you need the money while off, but teachers aren't part of the state disability program, so unless you have private diability insurance you won't get any disability while you're out. For me,4 weeks before sounds way too long because you'll be waiting and waiting for the baby to come. Hope this helps