When family leave laws fall short: Reduced wages, threat of job loss keep many from filing claims

Everything seemed to be going well when San Joaquin County resident Sara, who asked to only be identified by her first name, became pregnant. But after about seven months, her pregnancy was deemed high risk and her baby was born with several severe complications.

Her newborn daughter had to stay in the Neonatal Intensive Care Unit for more than two weeks.

“She was eventually released, but she was on constant monitors and oxygen, which made day care, obviously, logistically and financially impossible for me,” said Sara, who told her story to The Record over the phone and via email through Legal Aid at Work. Her employer wanted her to return to work just six weeks after giving birth.

Sara said her body was not yet healed enough for her to return, nor was her child ready for day care. Sara was suffering from an infection and postpartum depression, and feeling the pressure of returning to work while learning to care for a special-needs child.

She could have applied for California’s Paid Family Leave program, but Sara didn’t want to lose her job.

The California Budget and Policy Center, an organization that does independent fiscal and policy analysis focusing on low- and middle-income Californians, released a report last month that found many workers who pay into and qualify for state paid family leave don’t file claims.

Eligible employees in the state can receive up to six weeks of paid leave to take care of an ill family member — such as a child, parent, parent-in-law, grandparent, grandchild, sibling, spouse or registered domestic partner — or to bond with a new child that has come under their care through birth, adoption or foster care. Starting in July 2020, the program will allow eligible workers to take an extra two weeks of paid leave.

Workers need to have earned at least $300 in wages that were subject to State Disability Insurance deductions during the program’s 12-month base period to qualify for paid leave. That period ranges from 5 to 18 months prior to a claim being filed.

https://www.recordnet.com/news/20191221/when-family-leave-laws-fall-short-reduced-wages-threat-of-job-loss-keep-many-from-filing-claims

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