Maternity / Parental Leave
FMLA, Paid Family Leave, Short-Term Disability Insurance, medical leave, parental leave, SDI,
integration / restoration of hours – Help! I’m confused!
It’s OK - you’re not alone! There is a lot to think about as you prepare to have your baby, and we’re here to
help. This document will walk you through the important things to think about before your baby is born. It
probably can’t answer every single question you may have, but hopefully, it will give you a good overview of
what you need to know about medical and parental leave before your baby arrives. If you have any questions
after your read this material, please contact Employee Benefits at 650-363-1919.
The information included in this document is organized into four main areas:
I.
Taking a Leave of Absence From the County
II.
Your Benefits While on a Leave of Absence
III.
Getting Paid While on a Leave of Absence
IV.
Additional Things to Think About Before Your Baby Arrives
I.
Taking a Leave of Absence From the County
How much time can I take off from work before my baby arrives?
A pregnant employee can take a medical leave before the baby arrives so long as she has a note from her
doctor. Most medical leaves start 2 – 4 weeks before the employee’s due date. If there are complications,
a doctor may prescribe a longer medical leave. While on medical leave, an employee must use accrued sick
leave hours first, and sick leave must be exhausted before she can use other types of leave (vacation,
comp. time, holiday, etc.). Expectant fathers and employees who plan to adopt a child may also take time
off prior to the baby’s arrival, but this will be personal time (vacation, holiday) and not sick leave. You need
to request this time off just as you would any vacation request.
How do I get my medical leave approved?
You must fill out the Leave of Absence (LOA) form to have your medical leave approved. The form is
available from your department’s Payroll Coordinator or on the County’s intranet website. The form must
be signed by your supervisor and Department Head and then forwarded to Human Resources, along with
your doctor’s note.
How much time can I take off from work after the baby arrives?
Your medical leave typically lasts for 6 weeks following the birth of your child. Your medical leave may be
longer if you have a c-section (typically 8 weeks following the birth of a child). Again, you must use your
sick leave hours while on medical leave. If you exhaust your available sick leave hours while on medical
leave, you can then use other available leave types (vacation, holiday, comp time) to remain in a paid
status.
What happens after my medical leave ends?
If you want to continue caring for your child at home after your medical leave ends, you can take a
“parental” leave from the County. A parental leave can last up to 6 months, at the discretion of your
department. Parental leave begins on the first day of your medical leave end. Your Supervisor and
Department Director must approve a parental leave via the LOA Form. While on parental leave, you can
Questions? Contact Employee Benefits: 650-363-1919 or [email protected]
use any combination of leave types (vacation, comp time, holiday, etc.). County policy also allows you to
use up to 30 additional days of sick leave at any point while on parental leave.
How does the Family and Medical Leave Act (FMLA) affect my medical and parental leave?
FMLA is a federal law which requires employers to provide an eligible employee up to 12 weeks of time off
during any 12-month period for the birth and care of the newborn child of the employee. FMLA also
requires employers to continue paying its portion of health premiums during the time the employee is on
leave (up to 12 weeks). To be eligible for FMLA, employees must have been employed by the County for at
least one year and have worked 1,250 regular hours within the last 12 months. FMLA begins the first day
an employee is on leave (either medical or parental leave).
If you are eligible for FMLA, you have the right to take up to 12 weeks of time off from work. During these
12 weeks, FMLA guarantees your right to be on leave, continue your benefits (more on benefits later) and
grants you the right to return to your same job.
Is there a limit as to how long I can be on leave?
You cannot be on a leave from the County for more than one year.
Can I use Voluntary Time-Off (VTO) to extend my leave?
Yes. Through the VTO program, you can apply for additional time-off hours to extend your maternity leave.
You “pay” for these additional hours by a reduction in your paycheck. Your department has the discretion
to approve or reject your VTO application. Please note that participating in the VTO program requires that
you remain in paid status. If you plan to go into an unpaid status during your maternity leave, you should
not enroll in the VTO program. See the VTO Fact Sheet at www.co.sanmateo.ca.us/hr/benefits (click on
Voluntary Time Off Program) for more information.
Can I go on unpaid status and “save” my vacation, sick, holiday, and comp time?
No. You must first exhaust all of your paid time (vacation, sick, holiday, comp, VTO) prior to going on
unpaid status.
II. Your Benefits While on a Leave of Absence
What happens to my benefits when I am on a medical or parental leave?
While on paid leave (i.e. you are using sick, vacation, comp or holiday time), your benefits continue through
the County. The County continues to contribute to your health, dental, vision and life insurance just as if
you were actively working and you continue to pay your portion of benefits through the deductions in your
bi-weekly paycheck.
However, if you run out of paid leave time while out, you are responsible for paying both your portion and
the County’s portion of benefits, except in the following circumstances:
FMLA – If you run out of paid time during the 12 weeks of FMLA, the County will continue to pay
its portion of benefits until the end of the 12 weeks. You are responsible for paying your portion
during this time (the amount typically taken out of your bi-weekly paycheck) in order to keep your
health benefits.
Questions? Contact Employee Benefits: 650-363-1919 or [email protected]
Medical leave – If you are on a medical leave and you run out of paid time, the County will
continue to pay its portion of your benefits for a period of months equal to the number of years
you have worked at the County. In other words, if you worked for the County for 5 years, the
County will pay its portion of benefits for 5 months. While you are in an unpaid status you are
responsible for paying your portion during that time (the amount typically taken out of your biweekly paycheck) in order to keep your health benefits.
Once you are on unpaid status, the County will bill you on a monthly basis for your portion of benefit costs
(and the County portion if applicable).
Do I need to keep my benefits while on leave?
No, you can choose to drop any or all of your benefits at any time while on leave. You can always re-enroll
when you come back to the County within the first 31 days, otherwise you will have to wait until the annual
Open Enrollment period (October) to do so.
Special circumstances:
If you choose to drop your medical plan while on leave, you should make sure that your new baby
is added to your health plan prior to doing so. When you re-enroll upon returning to work, you
will only be allowed to re-enroll those dependents who were on your health insurance plan at the
time you discontinued coverage.
If you choose to drop your Supplemental Life Insurance while on leave and you decide to re-enroll
in the County’s Supplemental Life Insurance program when you return, you will need to complete
a Medical History Form. Standard Life Insurance can approve or deny coverage based on its
assessment of your medical history.
If you plan to retire and want to be eligible for the County’s retiree health plan, you must continue
your health coverage, uninterrupted, while on leave until your retirement application is approved.
III. Getting Paid While on a Leave of Absence
What is State Disability Insurance (SDI) and am I eligible for SDI payments while on leave?
SDI, administered by the State of California, provides income to employees who are unable to work
because of a non work-related illness, injury or pregnancy. SDI provides eligible employees with a
percentage of pay to replace lost wages. Certain County employees (represented by unions) are
automatically enrolled in SDI through bi-weekly payroll deductions. The easiest way to determine if you are
eligible for SDI is to look on your paycheck deduction stub for a “State Dis Ins” deduction. Management,
Confidential and Attorneys do not participate in SDI but have an alternative voluntary plan into which they
may choose to contribute (see “Expanded Disability Insurance” below).
Pregnant employees who are eligible for SDI can receive SDI payments from the State of California for the
period of time they are on a medical leave per their doctor’s note. You must make your claim no earlier
than 9 days but no later than 49 days after the first day of your medical leave. For more information about
SDI, contact the Controller’s Office, at 650-599-1147.
Questions? Contact Employee Benefits: 650-363-1919 or [email protected]
How do SDI payments work with my regular County pay?
In addition to your SDI payment, the Controller’s Office “restores” any time you have used while on leave
and receiving SDI benefit payments (sick leave, vacation, comp time and holiday time). Sick leave is
restored first and then other time in the order used by pay period. Vacation, comp and holiday time is only
restored if you complete and submit the Restoration Form to the Controller’s office. VTO hours are not
eligible to be restored.
The “restoration” process gives you some of your time back that you used while on leave. The Controller’s
office determines how much your SDI check is worth in hours and puts those hours back in your time
balances.
Example:
If your hourly salary is $25/hour and your SDI benefit payment is $1,000, the Controller’s Office will divide
the $1,000 SDI benefit payment by the $25 hourly rate, and restore 40 hours of sick leave to your time
balance.
SDI payments are “integrated” with your County pay. This means that, although you will receive a County
paycheck and an SDI payment, the total amount you will receive from both checks will not be more than
your regular bi-weekly pay. The amount of your SDI check will have been subtracted from your County
check.
Example:
If your regular bi-weekly pay is $2,000 and your SDI benefit amount is $1,000, you will receive $1,000 SDI
payment and $1,000 from the County to equal your regular bi-weekly pay of $2,000.
How do I file a claim for SDI?
SDI claim forms are available for pickup at the Controller’s Office or by calling 650-599-1147.
I have Expanded Disability Insurance through the County. How does that work with my
maternity leave?
Expanded Disability is a County benefit for those employees who do not participate in the State’s SDI
program. If you participate in the County’s Expanded Disability Insurance program, you can submit a claim
for disability benefits due to your pregnancy. Like SDI, Expanded Disability provides you with a percentage
of your salary while you are unable to work. However, with Expanded Disability, you can receive your
disability check in addition to your regular paycheck (there is no integration of benefits). You also have the
option of buying back sick time used during your medical leave. For more information about Expanded
Disability or to request a claim form, contact the Benefits Office at 650-363-1919.
What is Paid Family Leave? Am I eligible for that too?
If you participate in the State’s SDI program, you are eligible for Paid Family Leave (PFL). PFL provides up
to six weeks of paid benefits to employees covered under SDI to bond with a newborn child or the adoption
of a new child (PFL is not available to management / attorneys / confidential employees who do not
participate in SDI). PFL is only available during your parental leave portion of your time-off (not your
medical leave portion which is covered under SDI).
Questions? Contact Employee Benefits: 650-363-1919 or [email protected]
PFL claim forms are available for pickup at the Controller’s Office or by calling 650-599-1147. Like SDI,
any PFL payments made to you are integrated with your regular paycheck and paid leave hours are
restored to you.
What about Dads and Partners? What types of leave options are available to them?
Dads and partners are also eligible for a parental leave following the birth or adoption of their child for up
to six months upon Departmental approval (via the LOA form). Dads and partners may also qualify for
FMLA and be legally entitled to 12 weeks of time-off with the County paying its portion of benefits. Finally,
dads and partners are eligible for PFL (as described above) if they participate in SDI.
IV. Additional Things to Think about Before Your Baby Arrives
When do I add my baby to my health plan?
You have 30 days from the delivery or adoption of your child to add him/her to your health plan. You may
also want to consider adding your new child to your dental and vision plans at the same time; coverage is
provided at no additional cost to you.
Does the County offer any childcare?
The County has one on-site childcare center, "Our Place," at the County Government Center in Redwood
City. In addition, the County has established relationships with two additional childcare providers in the
County: Imagination Station in Daly City and PAL-Care in Burlingame. County employees receive preferred
registration status for placing their children at any of these three facilities. Tuition assistance is also
available to eligible employees at each facility. Tuition Assistance may range from 10% to 60% of the total
tuition cost and is based on family income and size. Childcare arrangements should be made with these
providers as early as possible to assure placement when you need it. For more information, visit
www.co.sanmateo.ca.us/hr/benefits click on Child Care.
Does the County have a Lactation Program?
Yes, all California worksites are required by law to have clean, quiet spaces for back to work moms to use
for expressing breastmilk during their workday. Many County employees use private offices for this
purpose. A number of County worksites have designated Lactation Rooms. We encourage you to take
some time before your maternity leave to determine your best options for breastpumping after you return
to work, including where the onsite lactation room is in your building and how it is reserved.
The County’s Health & Fitness Program also provides free breastpump rentals and lactation support to
County employees and their spouses/partners who are returning to work. For more information, contact
Health & Fitness Work-Life Services, 363-4846.
Can I use the County’s Flexible Spending Account Program to help pay for childcare?
Yes, the County’s Flexible Spending Account (FSA) program allows you to set aside funds out of your
paycheck on a pre-tax basis to pay for eligible childcare expenses. Because the dollars you place in these
accounts are taken out of your pay before they are taxed, you lower your taxable income, thereby saving
you money on federal, Social Security and state taxes. You can save an estimated $20-$40 on every $100
you choose to set aside. Eligible expenses include: daycare center charges, family daycare, summer day
Questions? Contact Employee Benefits: 650-363-1919 or [email protected]
camp, before and after school care, pre-school and au pair expenses. Enrollment for the County’s FSA
program is in October of each year. For more information, contact Employee Benefits at 650-363-1919.
Questions? Contact Employee Benefits: 650-363-1919 or [email protected]