Why many public employees aren’t eligible for paid family leave

A bill to give California teachers up to 14 weeks of paid pregnancy leave failed to pass the state legislature this week.

Currently, teachers — and other public sector employees — are exempt from paying into the state’s disability insurance program, which offers partially paid leave for birthing parents up to 16 weeks.

How do you know what your benefits are?

Most other employees in California pay into the program. (Currently, SDI pays for 60-70% of an employee’s income; that will change to 70-90% in January).

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But public sector employees in the state don’t automatically pay into the program and do not get its benefits. Unions have to opt in through labor negotiations, and employees can’t join as individuals. Some unions have opted in.

No federal employees pay in.

To check if you’re paying into SDI, you can check your paystub to see if any money’s being withheld for SDI, often labeled as “CASDI.”

Why does it matter?

When L.A. middle school teacher Noriko Nakada planned to have her children about a decade ago, she tried to time her births to coincide with a spring break or the end of the school year. Her daughter was born in April at the beginning of a school break — which meant she could spend time with her during the summer too after a brief return to school. She said she exhausted her sick leave.

Her son, though, was born in February, and she returned after 6 weeks. She found it hard to pump during the day.

“I think those were the hardest weeks when on my return, I was still breastfeeding and trying to provide for the baby when you're not with the baby,” she said.

What's happened in the legislature?

The most recent attempt passed the state assembly, with outside support from dozens of organizations, as well as the state treasurer and state superintendent. Opposition included the Association of California School Administrators and the California Association of School Business Officials. The bill was shelved in the Senate on Wednesday for possible future consideration.

Supporters argued that passing the legislation, AB 2109, would have helped to retain teachers, as well as recruit them, at a time of a "historic teacher shortage." They said paid disability would also make it more likely for teachers to return after a pregnancy.

Those opposed said it came down to cost, which they said would be "mid to high tens of millions of dollars annually between employee salary, benefits, and long-term substitute teaching positions needed for credentialed employees." They said with budget shortfalls, at the same time many new programs are mandated, local school districts could not take on that additional financial burden.

A previous attempt to pass legislation in 2019 that would require school districts to offer paid leave for teachers was vetoed by the Governor, who cited financial costs.

Reaction and what's next

“It's ridiculous that the people who take care of people's children, the people who educate people's children, aren't covered like the people who have the children,” said Diane Scoville, a retired LAUSD teacher.

Assemblymember Cecilia Aguiar-Curry (D- Winters), who authored this year’s bill, said she would continue to work on the bill next year.