AB 2587: Disability compensation: paid family leave.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-07-09
Existing law establishes, within the state disability insurance program, a family temporary disability insurance program, also known as the paid family leave program, for the provision of wage replacement benefits to workers who take time off work to care for a seriously ill family member or to bond with a minor child within one year of birth or placement, as specified.
Existing law, before January 1, 2018, deemed an individual to be eligible for family temporary disability benefits if, among other things, the individual was unable to perform his or her regular or customary work for a 7-day waiting period during each disability benefit period, and prohibited payments for benefits during this waiting period. Existing law, on and after January 1, 2018, removes the 7-day waiting period for these benefits.
Existing law authorizes an employer to require an employee to take up to 2 weeks of earned but unused vacation before, and as a condition of, the employees initial receipt of these benefits during any 12-month period in which the employee is eligible for these benefits. Existing law specifies that if an employer so requires an employee to take vacation leave, that portion of the vacation leave that does not exceed one week is to be applied to the waiting period.
This bill would delete that application of vacation leave to the waiting period, consistent with the removal of the 7-day waiting period for these benefits on and after January 1, 2018.
Existing law establishes, within the state disability insurance program, a family temporary disability insurance program, also known as the paid family leave program, for the provision of wage replacement benefits to workers who take time off work to care for a seriously ill family member or to bond with a minor child within one year of birth or placement, as specified.
Existing law, before January 1, 2018, deemed an individual to be eligible for family temporary disability benefits if, among other things, the individual was unable to perform his or her regular or customary work for a 7-day waiting period during each disability benefit period, and prohibited payments for benefits during this waiting period. Existing law, on and after January 1, 2018, removes the 7-day waiting period for these benefits.
Existing law authorizes an employer to require an employee to take up to 2 weeks of earned but unused vacation before, and as a condition of, the employees initial receipt of these benefits during any 12-month period in which the employee is eligible for these benefits. Existing law specifies that if an employer so requires an employee to take vacation leave, that portion of the vacation leave that does not exceed one week is to be applied to the waiting period.
This bill would delete that application of vacation leave to the waiting period, consistent with the removal of the 7-day waiting period for these benefits on and after January 1, 2018.
Existing law establishes, within the state disability insurance program, a family temporary disability insurance program, also known as the paid family leave program, for the provision of wage replacement benefits to workers who take time off work to care for a seriously ill family member or to bond with a minor child within one year of birth or placement, as specified.
Existing law, before January 1, 2018, deemed an individual to be eligible for family temporary disability benefits if, among other things, the individual was unable to perform his or her regular or customary work for a 7-day waiting period during each disability benefit period, and prohibited payments for benefits during this waiting period. Existing law, on and after January 1, 2018, removes the 7-day waiting period for these benefits.
Existing law authorizes an employer to require an employee to take up to 2 weeks of earned but unused vacation before, and as a condition of, the employees initial receipt of these benefits during any 12-month period in which the employee is eligible for these benefits. Existing law specifies that if an employer so requires an employee to take vacation leave, that portion of the vacation leave that does not exceed one week is to be applied to the waiting period.
This bill would eliminate that authorization and related provisions. delete that application of vacation leave to the waiting period, consistent with the removal of the 7-day waiting period for these benefits on and after January 1, 2018.
Existing law establishes, within the state disability insurance program, a family temporary disability insurance program, also known as the paid family leave program, for the provision of wage replacement benefits to workers who take time off work to care for a seriously ill family member or to bond with a minor child within one year of birth or placement, as specified.
Existing law authorizes an employer to require an employee to take up to 2 weeks of earned but unused vacation before, and as a condition of, the employees initial receipt of these benefits during any 12-month period in which the employee is eligible for these benefits.
This bill would eliminate that authorization and related provisions.
(a)An individual is not eligible for family temporary disability insurance benefits with respect to any day that any of the following apply:
(1)The individual has received, or is entitled to receive, unemployment compensation benefits under Part 1 (commencing with Section 100) or under an unemployment compensation act of any other state or of the federal government.
(2)The individual has received, or is entitled to receive, other benefits in the form of cash benefits as defined in Section 2629.
(3)The individual has received, or is entitled to receive, state disability insurance benefits under Part 2 (commencing with Section 2601) or under a disability insurance act of any other state.
(4)Another family member, as defined in Section 3302, is ready, willing, and able and available for the same period of time in a day that the individual is providing the required care.
(b)An individual who is entitled to leave under the FMLA and the CFRA must take Family Temporary Disability Insurance (FTDI) leave concurrent with leave taken under the FMLA and the CFRA.
(c)As a condition of an employees initial receipt of family temporary disability insurance benefits during any 12-month period in which an employee is eligible for these benefits, an employer may require an employee to take up to two weeks of earned but unused vacation leave prior to the employees initial receipt of these benefits. This subdivision may not be construed in a manner that relieves an employer of any duty of collective bargaining the employer may have with respect to the subject matter of this subdivision.
(a)An individual is not eligible for family temporary disability insurance benefits with respect to any day that any of the following apply:
(1)The individual has received, or is entitled to receive, unemployment compensation benefits under Part 1 (commencing with Section 100) or under an unemployment compensation act of any other state or of the federal government.
(2)The individual has received, or is entitled to receive, other benefits in the form of cash benefits as defined in Section 2629.
(3)The individual has received, or is entitled to receive, state disability insurance benefits under Part 2 (commencing with Section 2601) or under a disability insurance act of any other state.
(4)Another family member, as defined in Section 3302, is ready, willing, and able and available for the same period of time in a day that the individual is providing the required care.
(b)An individual who is entitled to leave under the FMLA and the CFRA must take Family Temporary Disability Insurance (FTDI) leave concurrent with leave taken under the FMLA and the CFRA.
(c)As a condition of an employees initial receipt of family temporary disability insurance benefits during any 12-month period in which an employee is eligible for these benefits, an employer may require an employee to take up to two weeks of earned but unused vacation leave prior to the employees initial receipt of these benefits. This subdivision may not be construed in a manner that relieves an employer of any duty of collective bargaining the employer may have with respect to the subject matter of this subdivision.
(a)An individual is not eligible for family temporary disability insurance benefits with respect to any day that any of the following apply:
(1)The individual has received, or is entitled to receive, unemployment compensation benefits under Part 1 (commencing with Section 100) or under an unemployment compensation act of any other state or of the federal government.
(2)The individual has received, or is entitled to receive, other benefits in the form of cash benefits as defined in Section 2629.
(3)The individual has received, or is entitled to receive, state disability insurance benefits under Part 2 (commencing with Section 2601) or under a disability insurance act of any other state.
(4)Another family member, as defined in Section 3302, is ready, willing, and able and available for the same period of time in a day that the individual is providing the required care.
(b)An individual who is entitled to leave under the FMLA and the CFRA must take Family Temporary Disability Insurance (FTDI) leave concurrent with leave taken under the FMLA and the CFRA.
(c)As a condition of an employees initial receipt of family temporary disability insurance benefits during any 12-month period in which an employee is eligible for these benefits, an employer may require an employee to take up to two weeks of earned but unused vacation leave prior to the employees initial receipt of these benefits. If an employer so requires an employee to take vacation leave, that portion of the vacation leave that does not exceed one week shall be applied to the waiting period required under subdivision (b) of Section 3303. This subdivision may not be construed in a manner that relieves an employer of any duty of collective bargaining the employer may have with respect to the subject matter of this subdivision.
SECTION 1.Section 3303.1 of the Unemployment Insurance Code is amended to read:3303.1.(a)An individual is not eligible for family temporary disability insurance benefits with respect to any day that any of the following apply:(1)The individual has received, or is entitled to receive, unemployment compensation benefits under Part 1 (commencing with Section 100) or under an unemployment compensation act of any other state or of the federal government.(2)The individual has received, or is entitled to receive, other benefits in the form of cash benefits as defined in Section 2629.(3)The individual has received, or is entitled to receive, state disability insurance benefits under Part 2 (commencing with Section 2601) or under a disability insurance act of any other state.(4)Another family member, as defined in Section 3302, is ready, willing, and able and available for the same period of time in a day that the individual is providing the required care.(b)An individual who is entitled to leave under the FMLA and the CFRA must take Family Temporary Disability Insurance (FTDI) leave concurrent with leave taken under the FMLA and the CFRA.(a)An individual is not eligible for family temporary disability insurance benefits with respect to any day that any of the following apply:
(1)The individual has received, or is entitled to receive, unemployment compensation benefits under Part 1 (commencing with Section 100) or under an unemployment compensation act of any other state or of the federal government.
(2)The individual has received, or is entitled to receive, other benefits in the form of cash benefits as defined in Section 2629.
(3)The individual has received, or is entitled to receive, state disability insurance benefits under Part 2 (commencing with Section 2601) or under a disability insurance act of any other state.
(4)Another family member, as defined in Section 3302, is ready, willing, and able and available for the same period of time in a day that the individual is providing the required care.
(b)An individual who is entitled to leave under the FMLA and the CFRA must take Family Temporary Disability Insurance (FTDI) leave concurrent with leave taken under the FMLA and the CFRA.
(c)As a condition of an employees initial receipt of family temporary disability insurance benefits during any 12-month period in which an employee is eligible for these benefits, an employer may require an employee to take up to two weeks of earned but unused vacation leave prior to the employees initial receipt of these benefits. If an employer so requires an employee to take vacation leave, that portion of the vacation leave that does not exceed one week shall be applied to the waiting period required under subdivision (b) of Section 3303. This subdivision may not be construed in a manner that relieves an employer of any duty of collective bargaining the employer may have with respect to the subject matter of this subdivision.|
Date
|
Status
|
|---|---|
| Jul 9, 2018 | Chaptered by Secretary of State - Chapter 80, Statutes of 2018. |
| Jul 9, 2018 | Approved by the Governor. |
| Jun 29, 2018 | Enrolled and presented to the Governor at 3 p.m. |
| Jun 25, 2018 | In Assembly. Ordered to Engrossing and Enrolling. |
| Jun 25, 2018 | Read third time. Passed. Ordered to the Assembly. |
| Jun 14, 2018 | Read second time. Ordered to Consent Calendar. |
| Jun 13, 2018 | From committee: Do pass. To Consent Calendar. (Ayes 5. Noes 0.) (June 13). |
| Apr 25, 2018 | Referred to Com. on L. & I.R. |
| Apr 12, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 12, 2018 | Read third time. Passed. Ordered to the Senate. |
| Apr 5, 2018 | Read second time. Ordered to Consent Calendar. |
| Apr 4, 2018 | From committee: Do pass. To Consent Calendar. (Ayes 13. Noes 0.) (April 4). |
| Apr 3, 2018 | Re-referred to Com. on INS. |
| Apr 2, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on INS. Read second time and amended. |
| Mar 5, 2018 | Referred to Com. on INS. |
| Feb 16, 2018 | From printer. May be heard in committee March 18. |
| Feb 15, 2018 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 25, 2018 | Consent Calendar AB2587 | Senate Floor |
Passed |
|
| Jun 13, 2018 | Do pass and be ordered to the Consent Calendar | Senate Standing Committee on Labor and Industrial Relations |
Passed |
|
| Apr 12, 2018 | AB 2587 LEVINE Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 4, 2018 | Do pass. To Consent Calendar. | Assembly Standing Committee on Insurance |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| American College Of Obstetricians And Gynecologists District Ix | ** Support | Jun 15, 2018 |
| Common Sense Kids Action | ** Support | Jun 15, 2018 |
| Employment Development Department | ** Support | Jun 15, 2018 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
CONSENT
Bill No: AB 2587
:
SENATE LABOR & IND. REL. COMMITTEE: 5-0, 6/13/18
AYES: Lara, Stone, Jackson, Mitchell, Wieckowski
ASSEMBLY FLOOR: 68-0, 4/12/18 (Consent) - See last page for vote
SOURCE: Employment Development Department
DIGEST:
This bill removes language in the California Unemployment Insurance Code referencing a code section that no longer exists.
Existing law:
- Establishes the family temporary disability insurance program, which provides up to six weeks of wage replacement benefits to workers who must take time off work to care for a seriously ill child, spouse, parent, grandparent, grandchild, sibling, or domestic partner, or to bond with a minor child within one year of the birth or placement of the child in connection with foster care or adoption. This wage replacement is available for only six weeks out of every 12-month period and is overseen by the state disability insurance program. (Unemployment Insurance Code §3301)
- Specifies that an individual is not eligible for family temporary disability insurance benefits if the individual has received, or is entitled to receive, unemployment compensation benefits, the individual has received, or is entitled to receive, “other benefits” in the form of cash benefits as defined in Section 2629 of the Labor Code, the individual has received, or is entitled to receive, state disability insurance benefits or if another family member, is ready, willing, and able and available for the same period of time in a day that the individual is providing the required care. (Unemployment Insurance Code §3303.1)
- Establishes the Unemployment Compensation Disability Fund to finance a disability insurance system designed to compensate for wage losses sustained by individuals unemployed because of sickness or injury. (Unemployment Insurance Code §3012)
- Establishes a waiting period of seven days for families to receive benefits from the Family Temporary Disability Leave program. This waiting period has since been removed by AB 908 (Gomez) in 2016. (Unemployment Insurance Code §3303)
This bill eliminates an obsolete reference to waiting periods in the Paid Family Leave Program.
Comments
Need for this bill? According to the Senate Labor & Industrial Relations Committee, AB 908 (Gomez) was signed into law in 2016. The bill eliminated a statutory waiting period for Paid Family Leave benefits. This bill removes a sentence referencing the waiting period rule from another provision in the Paid Family Leave law.
Related/Prior Legislation
AB 908 (Gomez, Chapter 5, Statutes of 2016) removed the seven-day waiting period for Family Temporary Disability Benefits.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Employment Development Department (source)
American College of Obstetricians and Gynecologists District IX
Common Sense Kids Action
OPPOSITION: (Verified 6/13/18)
None received
ARGUMENTS IN SUPPORT: Proponents argue that this bill references a waiting period for Paid Family Leave benefits that has since been amended out of the Unemployment Insurance Code. Since the waiting period rule was removed, there is no longer any need for it in California statute.
ASSEMBLY FLOOR: 68-0, 4/12/18
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Grayson, Harper, Holden, Irwin, Kalra, Kiley, Lackey, Levine, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Bloom, Cristina Garcia, Gray, Jones-Sawyer, Limón, Low, Mullin, Santiago, Steinorth
6/15/18 10:53:06
**** END ****
SENATE COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS
Senator Ricardo Lara, Chair
2017 - 2018 Regular
Bill No: AB 2587 Hearing Date: June 13, 2018
Author: | Levine | ||
Version: | April 2, 2018 | ||
Urgency: | No | Fiscal: | No |
Consultant: | Jake Ferrera | ||
Subject: Disability compensation: paid family leave
KEY ISSUE
Should the Legislature remove language in California Unemployment Insurance Code referencing a code section that no longer exists?
ANALYSIS
Existing law
- Establishes the a family temporary disability insurance program, which provides up to six weeks of wage replacement benefits to workers who must take time off work to care for a seriously ill child, spouse, parent, grandparent, grandchild, sibling, or domestic partner, or to bond with a minor child within one year of the birth or placement of the child in connection with foster care or adoption. This wage replacement is available for only 6 weeks out of every 12 month period and is overseen by the state disability insurance program.
(Unemployment Insurance Code §3301)
- Specifies that an individual is not eligible for family temporary disability insurance benefits if the individual has received, or is entitled to receive, unemployment compensation benefits, the individual has received, or is entitled to receive, “other benefits” in the form of cash benefits as defined in Section 2629 of the labor code, the individual has received, or is entitled to receive, state disability insurance benefits or if another family member, is ready, willing, and able and available for the same period of time in a day that the individual is providing the required care. (Unemployment Insurance Code §3303.1)
- Establishes the Unemployment Compensation Disability Fund to finance a disability insurance system designed to compensate for wage losses sustained by individuals unemployed because of sickness or injury. (Unemployment Insurance Code §3012)
- Establishes a waiting period of 7 days for families to receive benefits from the Family Temporary Disability Leave program. This waiting period has been removed by AB 908 (Gomez) in 2016. (Unemployment Insurance Code §3303)
This Bill
Eliminates an obsolete reference to waiting periods in the Paid Family Leave Program.
COMMENTS
1. Need for this bill?
AB 908 (Gomez) was signed into law in 2016. The bill eliminated a statutory waiting period for Paid Family Leave benefits. This bill removes a sentence referencing the waiting period rule from another provision in the Paid Family Leave law.
2. Proponent Arguments:
Proponents argue that this bill references a waiting period for Paid Family Leave benefits that has since been amended out of the Unemployment Insurance Code. Since the waiting period rule was removed, there is no longer any need for it in California statute.
3. Opponent Arguments:
None on file
4. Prior Legislation:
AB 908 (Gomez) Chapter 5, Statutes of 2016 removed the 7 day waiting period for Family Temporary Disability Benefits.
SUPPORT
American College of Obstetricians and Gynecologists District IX
Common Sense Kids Action
Employment Development Department
OPPOSITION
-- END --
Date of Hearing: April 4, 2018
ASSEMBLY COMMITTEE ON INSURANCE
Tom Daly, Chair
ABPCA Bill Id:AB 2587 (
Author:Levine) – As Amended Ver:April 2, 2018
SUBJECT: Disability compensation: paid family leave
SUMMARY: Eliminates an obsolete reference to waiting periods in the paid family leave program.
EXISTING LAW:
- Establishes the paid family leave (PFL) program within the State Disability Insurance (SDI)fr program that provides partial wage replacement for workers to bond with a new child or care for a family member.
- Defines eligibility and the scope of benefits provided to workers under both the SDI and PFL programs.
- Permits an employer to require an employee to use up to two-weeks of paid leave, if available, before receiving PFL benefits.
FISCAL EFFECT: Undetermined
COMMENTS:
- Purpose. Assembly Bill 908 (Gomez), which was signed into law in 2016, made substantial changes to the PFL program designed to increase the use of PFL benefits. Most notably, the bill increased the wage replacement rate provided to those claiming PFL benefits and eliminated a statutory waiting period for PFL benefits. This bill removes a sentence referencing the waiting period rule from another provision in the PFL law.
- Paid Family Leave Program. PFL was enacted in 2002 to extend disability compensation to individuals who take time off work to care for a seriously ill child, spouse, parent, domestic partner, or to bond with a new minor child. California was the first state in the nation to implement a paid family leave benefit with benefit payments beginning on July 1, 2004.
REGISTERED SUPPORT / OPPOSITION:
Support
Employment Development Department
Opposition
None received
Analysis Prepared by: Paul Riches / INS. / (916) 319-2086
Bill Author
Bill Co-Author(s):