What California State Disability Insurance Covers During Pregnancy

California State Disability Insurance (SDI) covers pregnancy, childbirth, and recovery from childbirth as temporary disabilities. You can receive benefits starting four weeks before your due date and continuing for up to six weeks after delivery (eight weeks if you had a cesarean section or other complications). The state treats pregnancy-related time off the same way it treats any other temporary medical condition that prevents you from working.

SDI is not the same as paid family leave. SDI replaces part of your wages while you are physically unable to work due to pregnancy and recovery. If you want to stay home longer after recovery is complete, you may be able to use California's Paid Family Leave program instead, which covers bonding time with a new child regardless of your medical condition.

You must have been working and paying into SDI for at least five months before you claim benefits. Part-time workers, gig workers, and self-employed people may not be covered, depending on how they report their income to the state.

Key Takeaways

  • SDI covers four weeks before your due date through six weeks after delivery, or eight weeks if you had a cesarean section or other complications.
  • You must have worked and paid SDI taxes for at least five months before you can claim pregnancy benefits.
  • SDI replaces about 55 to 60 percent of your regular wages, up to a maximum amount that changes each year.
  • You file your claim with the state's Employment Development Department (EDD), not with your employer, and your employer does not have to approve it.
  • Paid Family Leave is a separate program that covers time after you have recovered, if you want to stay home to bond with your baby.

How Much Money You Receive

SDI replaces approximately 55 to 60 percent of your average weekly wage. The state calculates this based on your earnings during a 12-month period before you claim. There is a minimum weekly benefit and a maximum weekly benefit; both amounts change on January 1 each year. For 2024, the maximum is $1,540 per week, but your actual benefit depends on what you earned.

If you earned very little during the 12-month calculation period, you may receive the minimum benefit instead of 55 to 60 percent of your wages. If you earned a high wage, your benefit will be capped at the maximum, not your full 55 to 60 percent. The EDD website publishes the current minimum and maximum amounts.

Your employer does not pay SDI benefits. The money comes from a payroll tax that you and your employer both contribute to. SDI benefits are not taxable income, so you do not owe federal or state income tax on what you receive.

When to File Your Claim

You should file your SDI claim about four weeks before your due date, or as soon as you know you will need to stop working. The EDD processes claims within 10 to 14 days in most cases, though it can take longer if the state needs more information from you or your employer.

If you file late — for example, after you have already stopped working — you can still claim benefits, but they will start from the date the EDD receives your claim, not from the date you stopped working. You cannot receive retroactive benefits for time you did not work before you filed.

You can file online through the EDD website, by mail, or by phone. Filing online is fastest. You will need your Social Security number, driver's license or state ID number, and information about your employer (name, address, and account number if you have it).

Documents and Information You Need

To file an SDI claim for pregnancy, gather these items before you start:

  • Your Social Security number
  • Your California driver's license or state ID number
  • Your employer's name, address, and phone number
  • Your employer's account number with the EDD (optional but helpful)
  • Your due date or the date your doctor says you must stop working
  • A letter from your doctor stating that you are unable to work due to pregnancy, if you are filing before your due date

You do not need to submit your doctor's letter when you file online; you can upload it later or mail it to the EDD. However, having it ready speeds up the process. The EDD may contact your doctor directly to confirm that you cannot work.

What Happens After You File

Once you file, the EDD sends a notice to your employer asking them to confirm your wages and employment dates. Your employer has about 10 days to respond. At the same time, the EDD reviews your claim to make sure you meet the basic requirements: you worked in California, you paid SDI taxes, and you have been employed for at least five months.

If everything checks out, the EDD approves your claim and begins paying you. Payments are deposited into your bank account or sent to a debit card, usually within 10 to 14 days of approval. You will receive a notice in the mail telling you the amount of your weekly benefit and the dates your benefits will cover.

If the EDD denies your claim or approves a lower amount than you expected, you can file an appeal. You have 20 days from the date on the notice to request a hearing. At the hearing, you can present evidence that you meet the requirements — for example, pay stubs showing you worked for five months, or a doctor's letter confirming you could not work.

How SDI Pregnancy Benefits Differ from Paid Family Leave

Many people confuse SDI with Paid Family Leave (PFL) because both are state programs that provide money when you cannot work. The key difference is what they cover. SDI covers the time you are physically unable to work because of pregnancy and recovery. PFL covers time you take to bond with a new child, regardless of whether you are medically able to work.

You can use both programs in sequence. For example, you might use SDI for six weeks after delivery while you recover, then use PFL for up to eight weeks to stay home and bond with your baby. PFL has its own filing process and its own may be able to access rules, including a requirement that you have worked for your employer for at least 12 months.

If you want to use PFL after your SDI benefits end, file a separate PFL claim with the EDD. You do not have to choose one or the other — you can use both during the same leave period if you meet the requirements for each.

What Happens If Your Employer Tries to Prevent You from Taking Leave

Your employer cannot fire you, demote you, reduce your hours, or retaliate against you for taking SDI leave due to pregnancy. California law protects your job while you are on disability leave. When you return to work, your employer must restore you to your original position or an equivalent position with the same pay and benefits.

If your employer retaliates against you for taking SDI leave, you can file a complaint with the California Labor Commissioner's Office or consult an employment attorney. Keep records of any negative changes to your employment status after you announce your pregnancy or file your SDI claim.

Your employer may require you to use accrued paid time off (vacation or sick leave) at the same time you receive SDI benefits, depending on your company's policy and what your employment contract says. Some employers do this; others do not. Check your employee handbook or ask your HR department about their policy before you file.

Frequently Asked Questions

Can I work part-time while receiving SDI pregnancy benefits?

No. SDI is for time when you cannot work at all due to pregnancy or recovery. If you work, even a few hours per week, you must report those earnings to the EDD, and your benefit will be reduced or stopped. If you earn more than a certain amount in a week, you receive no benefit for that week.

What if my due date changes or my doctor says I can go back to work early?

Contact the EDD and report the change. If your due date moves, your benefit period moves with it. If your doctor clears you to return to work before your expected end date, your benefits stop. You do not have to repay benefits you already received.

Do I have to tell my employer I am filing for SDI?

No. You file directly with the EDD, not through your employer. However, your employer will find out because the EDD sends them a notice asking for wage information. Many people tell their employer they are pregnant and planning to take leave, but you are not required to do so before you file the claim.

What if I am self-employed or a gig worker?

Self-employed people and gig workers may not be covered by SDI unless they have elected to pay into the program. If you are a 1099 contractor or sole proprietor, check with the EDD to see whether you are covered. If you are not, you will not be able to claim SDI pregnancy benefits.

Can I receive SDI if I am not a California resident?

You must have worked in California and paid SDI taxes to claim benefits. If you worked in California but now live in another state, you can still claim as long as you meet the five-month work requirement. If you never worked in California, you are not covered by California SDI.