The Basic Process: What You File and Where
In California, you file for pregnancy disability through your employer's State Disability Insurance (SDI) program, which is run by the Employment Development Department (EDD). You do not explore to a separate government office. Instead, you submit a claim form to your employer's payroll or human resources department, and they forward it to EDD on your behalf.
The form you need is called the Claim for Disability Insurance (DI-1). Your employer should have this form available, or you can read it from the EDD website. You will also need a medical certification from your doctor stating that you are unable to work due to pregnancy, childbirth, or recovery from childbirth. This goes on a separate form called the Physician's Certification of Disability (DI-2).
You can submit your claim on paper by mail, or many employers now accept online submission through the EDD portal. Ask your HR department which method they use and whether they have a important date for submitting claims within a certain number of days of your disability start date.
Key Takeaways
- You file through your employer's payroll or HR department using the DI-1 form, not directly to the state.
- Your doctor must complete a separate medical certification (DI-2) stating you cannot work due to pregnancy or recovery from childbirth.
- Benefits typically replace 55 to 60 percent of your wages, up to a maximum amount that changes each year.
- You can file before your due date or after you stop working, but filing early prevents delays in receiving your first payment.
- The waiting period is seven days; benefits begin on the eighth day of your disability, though you may be able to waive this for some claims.
What Your Doctor Needs to Certify
Your healthcare provider—whether an OB-GYN, midwife, or primary care doctor—must complete the DI-2 form and state the date you became unable to work. For pregnancy disability, this is usually your due date or the date your doctor advises you to stop working, whichever comes first. The form asks for the medical reason you cannot work and an estimate of how long the disability will last.
For pregnancy, the standard period is typically four weeks before your due date through six to eight weeks after delivery, depending on the type of delivery and any complications. If you have a cesarean section or other complications, your doctor can certify a longer period. You do not need to provide details about your specific medical condition beyond what is necessary to show you cannot perform your job.
Give your doctor enough time to complete the form—at least one to two weeks before you plan to file. Some medical offices charge a small fee to complete disability paperwork, though many do not. Ask when you request the form.
When to File and What Happens After
You can file your claim anytime after your doctor certifies you are unable to work. Many people file in their third trimester, even if they do not plan to stop working when ready. Filing early means EDD can process your claim before your disability start date, so your first payment arrives on time rather than weeks later.
After you submit the DI-1 and DI-2 forms to your employer, EDD typically takes 10 to 14 business days to process the claim and mail you a notice of information. This notice tells you whether your claim was approved, what your weekly benefit amount will be, and when payments will begin. If EDD needs more information, they will contact you by mail.
Once approved, you receive payments by debit card (the EDD Debit Card) or by direct deposit if you set that up. Payments are usually issued weekly. The seven-day waiting period means you will not receive payment for the first week of your disability; benefits begin on day eight.
How Much You Will Receive and for How Long
Your weekly benefit amount is calculated as 55 percent of your average weekly wage, with a maximum amount set by the state each year. The maximum changes annually; in 2024, the maximum weekly benefit is $1,522, but this amount increases each January. You receive the lesser of 55 percent of your wages or the current maximum.
The length of your benefit period depends on your medical certification. For a standard pregnancy and delivery without complications, you typically receive benefits for up to four weeks before your due date and six weeks after vaginal delivery, or eight weeks after cesarean delivery. If your doctor certifies a longer period due to complications, you may receive benefits for longer.
Pregnancy disability benefits are not the same as paid family leave. After your pregnancy disability ends, you may be able to take Paid Family Leave (PFL) to bond with your newborn, which is a separate program. You would file for PFL using a different form (DI-11PFL) once your pregnancy disability benefits end.
Documents You Need Before You Start
Gather these items before you contact your employer or doctor:
- Your Social Security number
- Your date of birth
- Your employer's name and address
- Your job title and the date you started working for your current employer
- Recent pay stubs showing your wages (to help calculate your benefit amount)
- Your due date or the date your doctor advises you to stop working
You do not need to provide your entire medical history or details about your pregnancy beyond what your doctor includes on the DI-2 form. EDD will not ask for ultrasound results, genetic testing results, or other pregnancy-specific medical records.
What Happens If Your Claim Is Denied
If EDD denies your claim, the notice of information will explain why. Common reasons include: your employer did not submit the form correctly, your doctor's certification does not clearly state you are unable to work, or EDD believes you do not meet the definition of disability under California law.
You have the right to appeal a denial. You must file an appeal within 20 days of the date on the notice of information. You can appeal by mail or online through the EDD website. During an appeal, you can submit additional medical information or a new certification from your doctor if the first one was unclear.
If you disagree with EDD's decision after the appeal, you can request a hearing before an administrative law judge. This process is free and you do not need a lawyer, though you can bring one if you choose.
How Pregnancy Disability Affects Other Benefits and Your Job
Pregnancy disability benefits do not affect your may be able to access for Medi-Cal, CalFresh, or other means-tested programs, because SDI benefits are considered temporary replacement income, not permanent earnings. However, the benefits are taxable income for federal tax purposes, so you may owe taxes on what you receive.
Your employer cannot fire you, demote you, or reduce your hours because you take pregnancy disability leave. California law requires your employer to hold your job or an equivalent position open while you are on leave. When you return to work, you must be restored to the same position or a comparable one with the same pay and benefits.
If your employer has a short-term disability plan, pregnancy disability through SDI may run concurrently with that plan, meaning you receive only one payment, not both. Ask your HR department how your employer's plan coordinates with state SDI.
Frequently Asked Questions
Can I file for pregnancy disability if I am self-employed or a gig worker?
Self-employed workers and independent contractors can purchase SDI coverage voluntarily, but most do not have it automatically. If you are self-employed and did not purchase coverage, you cannot file for pregnancy disability through SDI. Some gig workers may have coverage depending on their classification; check with your company or contact EDD directly.
What if my employer says they will not submit my claim?
Your employer is required by law to submit your claim to EDD. If they refuse, you can file a complaint with the California Labor Commissioner or contact EDD directly to file your claim yourself. You can also call the EDD at 1-888-209-8124 to report the issue and ask about filing directly.
Do I have to tell my employer I am pregnant to file for disability?
You do not have to disclose your pregnancy to anyone except your doctor and your employer's HR or payroll department. Your employer needs to know you are filing a disability claim and forward the paperwork, but they do not need details about your pregnancy. The medical certification goes directly to EDD, not to your employer's general staff.
Can I work part-time while receiving pregnancy disability benefits?
If you work any hours during a week you claim benefits, you must report those earnings to EDD. Your benefit payment is reduced by a portion of what you earn. Most people do not work while on pregnancy disability, but if you do, report it honestly to avoid overpayment and having to repay benefits later.
How long does it take to receive my first payment after I file?
After EDD approves your claim, your first payment usually arrives within one to two weeks. If you filed before your disability start date, the payment may arrive before you stop working. The seven-day waiting period means your first payment covers days eight through fourteen of your disability, not days one through seven.