AB 575: Paid family leave.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-09-18
Current Status:
Failed
(2024-02-01: Consideration of Governor's veto stricken from file.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
(1)Existing law authorizes the Employment Development Department to administer the disability insurance compensation program, which includes family temporary disability insurance benefits or paid family leave. Existing law requires the department to develop a certification form for an employee taking leave to bond with a minor child within the first year of the childs birth or placement in connection with foster care or adoption.
Commencing February 1, 2025, this bill would instead require the department to develop a certification form for an employee taking leave to bond with a minor child within one year of the childs birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for the child in loco parentis.
(2)Under existing law, the family temporary disability insurance program provides up to 8 weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, domestic partner, grandparent, grandchild, sibling, or parent-in-law, to bond with a minor child within one year of the birth or placement of the child in connection with foster care or adoption, or who take time off to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States. Existing law defines certain terms for these purposes. Existing law provides that a worker is not eligible for those benefits in specified circumstances, including, among others, 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 care or participating in the above-described qualifying exigency, as specified. Existing law authorizes an employer to require a worker to take up to 2 weeks of earned but unused vacation leave before receiving benefits under the program.
Commencing February 1, 2025, this bill would expand the program to provide benefits to workers who take time off work to bond with a minor child within one year of assuming responsibilities of a child in loco parentis, as defined. For periods of disability commencing on or after February 1, 2025, the bill would prohibit the application of the above-described eligibility restriction relating to another family member being ready, willing, and able and available for the same period of time. For periods of disability commencing on or after February 1, 2025, the bill would prohibit the application of the authorization for an employer to require a worker to take vacation leave before receiving benefits. The bill would make conforming changes.
(3)Under existing law, workers are required to pay contributions to the Unemployment Compensation Disability Fund, a special fund in the State Treasury, and those funds are continuously appropriated for the purpose of providing disability benefits and making payment of administrative expenses.
By authorizing expenditure of these funds for a new purpose, this bill would make an appropriation.
(4)This bill would incorporate additional changes to Section 2708 of the Unemployment Insurance Code proposed by SB 667 to be operative only if this bill and SB 667 are enacted and this bill is enacted last.
(5)This bill would incorporate additional substantive changes to Sections 3301, 3302, and 3303 of the Unemployment Insurance Code proposed by AB 518 to be operative only if this bill and AB 518 are enacted and this bill is enacted last.
(1)Existing law authorizes the Employment Development Department to administer the disability insurance compensation program, which includes family temporary disability insurance benefits or paid family leave. Existing law requires the department to develop a certification form for an employee taking leave to bond with a minor child within the first year of the childs birth or placement in connection with foster care or adoption.
Commencing February 1, 2025, this bill would instead require the department to develop a certification form for an employee taking leave to bond with a minor child within one year of the childs birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for the child in loco parentis.
(2)Under existing law, the family temporary disability insurance program provides up to 8 weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, domestic partner, grandparent, grandchild, sibling, or parent-in-law, to bond with a minor child within one year of the birth or placement of the child in connection with foster care or adoption, or who take time off to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States. Existing law defines certain terms for these purposes. Existing law provides that a worker is not eligible for those benefits in specified circumstances, including, among others, 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 care or participating in the above-described qualifying exigency, as specified. Existing law authorizes an employer to require a worker to take up to 2 weeks of earned but unused vacation leave before receiving benefits under the program.
Commencing February 1, 2025, this bill would expand the program to provide benefits to workers who take time off work to bond with a minor child within one year of assuming responsibilities of a child in loco parentis, as defined. For periods of disability commencing on or after February 1, 2025, the bill would prohibit the application of the above-described eligibility restriction relating to another family member being ready, willing, and able and available for the same period of time. For periods of disability commencing on or after February 1, 2025, the bill would prohibit the application of the authorization for an employer to require a worker to take vacation leave before receiving benefits. The bill would make conforming changes.
(3)Under existing law, workers are required to pay contributions to the Unemployment Compensation Disability Fund, a special fund in the State Treasury, and those funds are continuously appropriated for the purpose of providing disability benefits and making payment of administrative expenses.
By authorizing expenditure of these funds for a new purpose, this bill would make an appropriation.
(4)This bill would incorporate additional changes to Section 2708 of the Unemployment Insurance Code proposed by SB 667 to be operative only if this bill and SB 667 are enacted and this bill is enacted last.
(5)This bill would incorporate additional substantive changes to Sections 3301, 3302, and 3303 of the Unemployment Insurance Code proposed by AB 518 to be operative only if this bill and AB 518 are enacted and this bill is enacted last.
(1)Existing law authorizes the Employment Development Department to administer the disability insurance compensation program, which includes family temporary disability insurance benefits or paid family leave. Existing law requires the department to develop a certification form for an employee taking leave to bond with a minor child within the first year of the childs birth or placement in connection with foster care or adoption.
ThisCommencing February 1, 2025, this bill would instead require the department to develop a certification form for an employee taking leave to bond with a minor child within one year of the childs birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for the child in loco parentis.
(2)Under existing law, the family temporary disability insurance program provides up to 8 weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, domestic partner, grandparent, grandchild, sibling, or parent-in-law, to bond with a minor child within one year of the birth or placement of the child in connection with foster care or adoption, or who take time off to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States. Existing law defines certain terms for these purposes. Existing law provides that a worker is not eligible for those benefits in specified circumstances, including, among others, 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 care or participating in the above-described qualifying exigency, as specified. Existing law authorizes an employer to require a worker to take up to 2 weeks of earned but unused vacation leave before receiving benefits under the program.
ThisCommencing February 1, 2025, this bill would expand the program to provide benefits to workers who take time off work to bond with a minor child within one year of assuming responsibilities of a child in loco parentis, as defined. The For periods of disability commencing on or after February 1, 2025, the bill would delete prohibit the application of the above-described eligibility restriction relating to another family member being ready, willing, and able and available for the same period of time. The For periods of disability commencing on or after February 1, 2025, the bill would delete prohibit the application of the authorization for an employer to require a worker to take vacation leave before receiving benefits. The bill would make conforming changes.
(3)Under existing law, workers are required to pay contributions to the Unemployment Compensation Disability Fund, a special fund in the State Treasury, and those funds are continuously appropriated for the purpose of providing disability benefits and making payment of administrative expenses.
By authorizing expenditure of these funds for a new purpose, this bill would make an appropriation.
(1)Existing law authorizes the Employment Development Department to administer the disability insurance compensation program, which includes family temporary disability insurance benefits or paid family leave. Existing law requires the department to develop a certification form for an employee taking leave to bond with a minor child within the first year of the childs birth or placement in connection with foster care or adoption.
This bill would instead require the department to develop a certification form for an employee taking leave to bond with a minor child within one year of the childs birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for the child in loco parentis.
(1)(2)Under existing law, the family temporary disability insurance program provides up to 8 weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, domestic partner, grandparent, grandchild, sibling, or parent-in-law, to bond with a minor child within one year of the birth or placement of the child in connection with foster care or adoption, or who take time off to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States. Existing law defines certain terms for these purposes. Existing law provides that a worker is not eligible for those benefits in specified circumstances, including, among others, 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 care or participating in the above-described qualifying exigency, as specified. Existing law authorizes an employer to require a worker to take up to 2 weeks of earned but unused vacation leave before receiving benefits under the program.
This bill would expand the program to provide benefits to workers who take time off work to bond with a minor child within one year of assuming responsibilities of a child in loco parentis, as defined. The bill would delete the above-described eligibility restriction relating to another family member being ready, willing, and able and available for the same period of time. The bill would delete the authorization for an employer to require a worker to take vacation leave before receiving benefits. The bill would make conforming changes.
(2)(3)Under existing law, workers are required to pay contributions to the Unemployment Compensation Disability Fund, a special fund in the State Treasury, and those funds are continuously appropriated for the purpose of providing disability benefits and making payment of administrative expenses.
By authorizing expenditure of these funds for a new purpose, this bill would make an appropriation.
(1)Under existing law, the family temporary disability insurance program provides up to 8 weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, domestic partner, grandparent, grandchild, sibling, or parent-in-law, to bond with a minor child within one year of the birth or placement of the child in connection with foster care or adoption, or who take time off to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States. Existing law defines certain terms for these purposes. Existing law provides that a worker is not eligible for those benefits in specified circumstances, including, among others, 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 care or participating in the above-described qualifying exigency, as specified. Existing law authorizes an employer to require a worker to take up to 2 weeks of earned but unused vacation leave before receiving benefits under the program.
This bill would expand the program to provide benefits to workers who take time off work to bond with a minor child within one year of assuming responsibilities of a child in loco parentis. parentis, as defined. The bill would delete the above-described eligibility restriction relating to another family member being ready, willing, and able and available for the same period of time. The bill would delete the authorization for an employer to require a worker to take vacation leave before receiving benefits. The bill would make conforming changes.
(2)Under existing law, workers are required to pay contributions to the Unemployment Compensation Disability Fund, a special fund in the State Treasury, and those funds are continuously appropriated for the purpose of providing disability benefits and making payment of administrative expenses.
By authorizing expenditure of these funds for a new purpose, this bill would make an appropriation.
(1)Under existing law, the family temporary disability insurance program provides up to 8 weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, domestic partner, grandparent, grandchild, sibling, or parent-in-law, 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. adoption, or who take time off to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States. Existing law defines certain terms for these purposes. Existing law provides that a worker is not eligible for those benefits in specified circumstances, including, among others, 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 care or participating in the above-described qualifying exigency, as specified. Existing law authorizes an employer to require a worker to take up to 2 weeks of earned but unused vacation leave before receiving benefits under the program.
This bill would make a nonsubstantive change to those definition provisions. expand the program to provide benefits to workers who take time off work to bond with a minor child within one year of assuming responsibilities of a child in loco parentis. The bill would delete the above-described eligibility restriction relating to another family member being ready, willing, and able and available for the same period of time. The bill would delete the authorization for an employer to require a worker to take vacation leave before receiving benefits. The bill would make conforming changes.
(2)Under existing law, workers are required to pay contributions to the Unemployment Compensation Disability Fund, a special fund in the State Treasury, and those funds are continuously appropriated for the purpose of providing disability benefits and making payment of administrative expenses.
By authorizing expenditure of these funds for a new purpose, this bill would make an appropriation.
Under existing law, the family temporary disability insurance program provides up to 8 weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, domestic partner, grandparent, grandchild, sibling, or parent-in-law, 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. Existing law defines certain terms for these purposes.
This bill would make a nonsubstantive change to those definition provisions.
(a)(1)In accordance with the directors authorized regulations, and except as provided in subdivision (c) and Sections 2708.1 and 2709, a claimant shall establish medical eligibility for each uninterrupted period of disability by filing a first claim for disability benefits supported by the certificate of a treating physician or practitioner that establishes the sickness, injury, or pregnancy of the employee, or the condition of the family member that warrants the care of the employee. For subsequent periods of uninterrupted disability after the period covered by the initial certificate or any preceding continued claim, a claimant shall file a continued claim for those benefits supported by the certificate of a treating physician or practitioner. A certificate filed to establish medical eligibility for the employees own sickness, injury, or pregnancy shall contain a diagnosis and diagnostic code prescribed in the International Classification of Diseases, or, if no diagnosis has yet been obtained, a detailed statement of symptoms.
(2)A certificate filed to establish medical eligibility of the employees own sickness, injury, or pregnancy shall also contain a statement of medical facts, including secondary diagnoses when applicable, within the physicians or practitioners knowledge, based on a physical examination and a documented medical history of the claimant by the physician or practitioner, indicating the physicians or practitioners conclusion as to the claimants disability, and a statement of the physicians or practitioners opinion as to the expected duration of the disability.
(b)An employee shall be required to file a certificate to establish eligibility when taking leave to care for a family member with a serious health condition. The certificate shall be developed by the department. In order to establish medical eligibility of the serious health condition of the family member that warrants the care of the employee, the information shall be within the physicians or practitioners knowledge and shall be based on a physical examination and documented medical history of the family member and shall contain all of the following:
(1)A diagnosis and diagnostic code prescribed in the International Classification of Diseases, or, if no diagnosis has yet been obtained, a detailed statement of symptoms.
(2)The date, if known, on which the condition commenced.
(3)The probable duration of the condition.
(4)An estimate of the amount of time that the physician or practitioner believes the employee needs to care for the child, parent, grandparent, grandchild, sibling, spouse, or domestic partner.
(5)(A)A statement that the serious health condition warrants the participation of the employee to provide care for their child, parent, grandparent, grandchild, sibling, spouse, or domestic partner.
(B)Warrants the participation of the employee includes, but is not limited to, providing psychological comfort, and arranging third party care for the child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as well as directly providing, or participating in, the medical care.
(c)The department shall develop a certification form for bonding that is separate and distinct from the certificate required in subdivision (a) for an employee taking leave to bond with a minor child within one year of the childs birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for the child in loco parentis.
(d)The first and any continuing claim of an individual who obtains care and treatment outside this state shall be supported by a certificate of a treating physician or practitioner duly licensed or certified by the state or foreign country in which the claimant is receiving the care and treatment. If a physician or practitioner licensed by and practicing in a foreign country is under investigation by the department for filing false claims and the department does not have legal remedies to conduct a criminal investigation or prosecution in that country, the department may suspend the processing of all further certifications until the physician or practitioner fully cooperates, and continues to cooperate, with the investigation. A physician or practitioner licensed by, and practicing in, a foreign country who has been convicted of filing false claims with the department may not file a certificate in support of a claim for disability benefits for a period of five years.
(e)For purposes of this part:
(1)Physician has the same meaning as defined in Section 3209.3 of the Labor Code.
(2)(A)Practitioner means a person duly licensed or certified in California acting within the scope of their license or certification who is a dentist, podiatrist, or a nurse practitioner, and in the case of a nurse practitioner, after performance of a physical examination by a nurse practitioner and collaboration with a physician and surgeon, or as to normal pregnancy or childbirth, a midwife or nurse midwife, or nurse practitioner.
(B)Practitioner also means a physician assistant who has performed a physical examination under the supervision of a physician and surgeon. Funds appropriated to cover the costs required to implement this subparagraph shall come from the Unemployment Compensation Disability Fund.
(f)For a claimant who is hospitalized in or under the authority of a county hospital in this state, a certificate of initial and continuing medical disability, if any, shall satisfy the requirements of this section if the disability is shown by the claimants hospital chart, and the certificate is signed by the hospitals registrar. For a claimant hospitalized in or under the care of a medical facility of the United States government, a certificate of initial and continuing medical disability, if any, shall satisfy the requirements of this section if the disability is shown by the claimants hospital chart, and the certificate is signed by a medical officer of the facility duly authorized to do so.
(g)This section does not preclude the department from requesting additional medical evidence to supplement the first or any continued claim if the additional evidence can be procured without additional cost to the claimant. The department may require that the additional evidence include any or all of the following:
(1)Identification of diagnoses.
(2)Identification of symptoms.
(3)A statement setting forth the facts of the claimants disability. The statement shall be completed by any of the following individuals:
(A)The physician or practitioner treating the claimant.
(B)The registrar, authorized medical officer, or other duly authorized official of the hospital or health facility treating the claimant.
(C)An examining physician or other representative of the department.
(h)The amendments made to this section by the act adding this subdivision shall become operative on February 1, 2025.
SEC. 1.5.Section 2708 of the Unemployment Insurance Code is amended to read:2708.(a)(1)In accordance with the directors authorized regulations, and except as provided in subdivision (c) and Sections 2708.1 and 2709, a claimant shall establish medical eligibility for each uninterrupted period of disability by filing a first claim for disability benefits supported by the certificate of a treating physician or practitioner that establishes the sickness, injury, or pregnancy of the employee, or the condition of the family member that warrants the care of the employee. For subsequent periods of uninterrupted disability after the period covered by the initial certificate or any preceding continued claim, a claimant shall file a continued claim for those benefits supported by the certificate of a treating physician or practitioner. A certificate filed to establish medical eligibility for the employees own sickness, injury, or pregnancy shall contain a diagnosis and diagnostic code prescribed in the International Classification of Diseases, or, if no diagnosis has yet been obtained, a detailed statement of symptoms.
(2)A certificate filed to establish medical eligibility of the employees own sickness, injury, or pregnancy shall also contain a statement of medical facts, including secondary diagnoses when applicable, within the physicians or practitioners knowledge, based on a physical examination and a documented medical history of the claimant by the physician or practitioner, indicating the physicians or practitioners conclusion as to the claimants disability, and a statement of the physicians or practitioners opinion as to the expected duration of the disability.
(b)An employee shall be required to file a certificate to establish eligibility when taking leave to care for a family member with a serious health condition. The certificate shall be developed by the department. In order to establish medical eligibility of the serious health condition of the family member that warrants the care of the employee, the information shall be within the physicians or practitioners knowledge and shall be based on a physical examination and documented medical history of the family member and shall contain all of the following:
(1)A diagnosis and diagnostic code prescribed in the International Classification of Diseases, or, if no diagnosis has yet been obtained, a detailed statement of symptoms.
(2)The date, if known, on which the condition commenced.
(3)The probable duration of the condition.
(4)An estimate of the amount of time that the physician or practitioner believes the employee needs to care for the child, parent, grandparent, grandchild, sibling, spouse, or domestic partner.
(5)(A)A statement that the serious health condition warrants the participation of the employee to provide care for their child, parent, grandparent, grandchild, sibling, spouse, or domestic partner.
(B)Warrants the participation of the employee includes, but is not limited to, providing psychological comfort, and arranging third party care for the child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as well as directly providing, or participating in, the medical care.
(c)The department shall develop a certification form for bonding that is separate and distinct from the certificate required in subdivision (a) for an employee taking leave to bond with a minor child within one year of the childs birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for the child in loco parentis.
(d)The first and any continuing claim of an individual who obtains care and treatment outside this state shall be supported by a certificate of a treating physician or practitioner duly licensed or certified by the state or foreign country in which the claimant is receiving the care and treatment. If a physician or practitioner licensed by and practicing in a foreign country is under investigation by the department for filing false claims and the department does not have legal remedies to conduct a criminal investigation or prosecution in that country, the department may suspend the processing of all further certifications until the physician or practitioner fully cooperates, and continues to cooperate, with the investigation. A physician or practitioner licensed by, and practicing in, a foreign country who has been convicted of filing false claims with the department may not file a certificate in support of a claim for disability benefits for a period of five years.
(e)For purposes of this part:
(1)Physician has the same meaning as defined in Section 3209.3 of the Labor Code.
(2)(A)Practitioner means a person duly licensed or certified in California acting within the scope of their license or certification who is a dentist, podiatrist, or a nurse practitioner, and in the case of a nurse practitioner, after performance of a physical examination by a nurse practitioner and collaboration with a physician and surgeon, or as to pregnancy, childbirth, or postpartum conditions consistent with the scope of their professional licensure, a midwife or nurse-midwife, or nurse practitioner.
(B)Practitioner also means a physician assistant who has performed a physical examination under the supervision of a physician and surgeon. Funds appropriated to cover the costs required to implement this subparagraph shall come from the Unemployment Compensation Disability Fund.
(f)For a claimant who is hospitalized in or under the authority of a county hospital in this state, a certificate of initial and continuing medical disability, if any, shall satisfy the requirements of this section if the disability is shown by the claimants hospital chart, and the certificate is signed by the hospitals registrar. For a claimant hospitalized in or under the care of a medical facility of the United States government, a certificate of initial and continuing medical disability, if any, shall satisfy the requirements of this section if the disability is shown by the claimants hospital chart, and the certificate is signed by a medical officer of the facility duly authorized to do so.
(g)This section does not preclude the department from requesting additional medical evidence to supplement the first or any continued claim if the additional evidence can be procured without additional cost to the claimant. The department may require that the additional evidence include any or all of the following:
(1)Identification of diagnoses.
(2)Identification of symptoms.
(3)A statement setting forth the facts of the claimants disability. The statement shall be completed by any of the following individuals:
(A)The physician or practitioner treating the claimant.
(B)The registrar, authorized medical officer, or other duly authorized official of the hospital or health facility treating the claimant.
(C)An examining physician or other representative of the department.
(h)The amendments made to subdivision (c) by the act adding this subdivision shall become operative on February 1, 2025.
SEC. 2.Section 3301 of the Unemployment Insurance Code is amended to read:3301.(a)(1)The purpose of this chapter is to establish, within the state disability insurance program, a family temporary disability insurance program. Family temporary disability insurance shall provide up to eight weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, grandparent, grandchild, sibling, or domestic partner, to bond with a minor child within one year of the birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for a child in loco parentis, or to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(2)This chapter does not abridge the rights and responsibilities conveyed under the CFRA or pregnancy disability leave.
(b)(1)An individuals weekly benefit amount for periods of disability commencing before January 1, 2025, shall be the amount provided in Section 2655, and for periods of disability commencing on or after January 1, 2025, shall be the amount provided in paragraph (2). An individual is eligible to receive family temporary disability insurance benefits equal to one-seventh of the individuals weekly benefit amount for each full day during which the individual is unable to work due to caring for a seriously ill or injured family member, bonding with a minor child within one year of the birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for a child in loco parentis, or participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(2)For periods of disability commencing on or after January 1, 2025, the weekly benefit amount shall be as follows:
(A)When the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest is less than seven hundred twenty-two dollars and fifty cents ($722.50), then fifty dollars ($50).
(B)When the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest is more than 70 percent of the state average quarterly wage, the weekly benefit amount shall be equal to the greater of 70 percent of the wages paid to an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest, divided by 13, but not exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code, or 63 percent of the state average weekly wage.
(C)When the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest is seven hundred twenty-two dollars and fifty cents ($722.50) or more, but 70 percent or less than the state average quarterly wage, then the weekly benefit amount shall be equal to 90 percent of the wages paid to an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest, divided by 13, but not exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code.
(3)For purposes of this subdivision, state average weekly wage and state average quarterly wage have the same meanings as defined in subdivision (g) of Section 2655.
(c)The maximum amount payable to an individual during any disability benefit period for family temporary disability insurance shall be eight times the individuals weekly benefit amount, but in no case shall the total amount of benefits payable be more than the total wages paid to the individual during the individuals disability base period. If the benefit is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1).
(d)No more than eight weeks of family temporary disability insurance benefits shall be paid within any 12-month period.
(e)An individual shall file a claim for family temporary disability insurance benefits not later than the 41st consecutive day following the first compensable day with respect to which the claim is made for benefits, which time shall be extended by the department upon a showing of good cause. If a first claim is not complete, the claim form shall be returned to the claimant for completion and it shall be completed and returned not later than the 10th consecutive day after the date it was mailed by the department to the claimant, except that such time shall be extended by the department upon a showing of good cause.
(f)The amendments made to this section by the act adding this subdivision shall become operative on February 1, 2025.
SEC. 2.5.Section 3301 is added to the Unemployment Insurance Code, to read:3301.(a)(1)(A)The purpose of this chapter is to establish, within the state disability insurance program, a family temporary disability insurance program. Family temporary disability insurance shall provide up to eight weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, grandparent, grandchild, sibling, domestic partner, or designated person, to bond with a minor child within one year of the birth or placement of the child in connection with foster care or adoption, or to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(B)Commencing February 1, 2025, an individual is eligible to receive family temporary disability insurance benefits as described in subparagraph (A) if the individual is unable to work due to the individuals assumption of responsibilities for a child in loco parentis.
(2)Nothing in this chapter shall be construed to abridge the rights and responsibilities conveyed under the CFRA or pregnancy disability leave.
(b)(1)(A)An individuals weekly benefit amount for periods of disability commencing before January 1, 2025, shall be the amount provided in Section 2655, and for periods of disability commencing on or after January 1, 2025, shall be the amount provided in paragraph (2). An individual is eligible to receive family temporary disability insurance benefits equal to one-seventh of the individuals weekly benefit amount for each full day during which the individual is unable to work due to caring for a seriously ill or injured family member, bonding with a minor child within one year of the birth or placement of the child in connection with foster care or adoption, or participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(B)Commencing February 1, 2025, an individual is eligible to receive family temporary disability insurance benefits as described in subparagraph (A) if the individual is unable to work due to the individuals assumption of responsibilities for a child in loco parentis.
(2)For periods of disability commencing on or after January 1, 2025, the weekly benefit amount shall be as follows:
(A)When the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest is less than seven hundred twenty-two dollars and fifty cents ($722.50), then fifty dollars ($50).
(B)When the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest is more than 70 percent of the state average quarterly wage, the weekly benefit amount shall be equal to the greater of 70 percent of the wages paid to an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest, divided by 13, but not exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code, or 63 percent of the state average weekly wage.
(C)When the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest is seven hundred twenty-two dollars and fifty cents ($722.50), or more, but 70 percent or less than the state average quarterly wage, then the weekly benefit amount shall be equal to 90 percent of the wages paid to an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest, divided by 13, but not exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code.
(3)For purposes of this subdivision, state average weekly wage and state average quarterly wage have the same meanings as defined in subdivision (g) of Section 2655.
(c)The maximum amount payable to an individual during any disability benefit period for family temporary disability insurance shall be eight times the individuals weekly benefit amount, but in no case shall the total amount of benefits payable be more than the total wages paid to the individual during the individuals disability base period. If the benefit is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1).
(d)No more than eight weeks of family temporary disability insurance benefits shall be paid within any 12-month period.
(e)An individual shall file a claim for family temporary disability insurance benefits not later than the 41st consecutive day following the first compensable day with respect to which the claim is made for benefits, which time shall be extended by the department upon a showing of good cause. If a first claim is not complete, the claim form shall be returned to the claimant for completion and it shall be completed and returned not later than the 10th consecutive day after the date it was mailed by the department to the claimant, except that such time shall be extended by the department upon a showing of good cause.
(f)This section shall become operative on November 1, 2024.
SEC. 3.Section 3302 of the Unemployment Insurance Code is amended to read:3302.For purposes of this part:
(a)Care recipient means the family member who is receiving care for a serious health condition or the new child with whom the care provider is bonding. For the purposes of a qualifying exigency as set forth in Section 3302.2, care recipient also includes the military member, or child or parent of the military member, who is receiving assistance, or the employee who is participating in a qualifying exigency.
(b)Care provider means the family member who is providing the required care for a serious health condition; the family member who is bonding with the new child; or the employee who is participating in a qualifying exigency as provided in Section 3302.2.
(c)Child means a biological, adopted, or foster son or daughter, a stepson or stepdaughter, a legal ward, a son or daughter of a domestic partner, or the person to whom the employee stands in loco parentis.
(d)Domestic partner has the same meaning as defined in Section 297 of the Family Code.
(e)Family care leave means any of the following:
(1)Leave to bond with a minor child within the first year of the childs birth, placement in connection with foster care or adoption, or an individuals assumption of responsibilities for a child in loco parentis.
(2)Leave to care for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner who has a serious health condition.
(3)Leave to participate in a qualifying exigency as provided in Section 3302.2.
(f)Family member means child, parent, grandparent, grandchild, sibling, spouse, or domestic partner as defined in this section.
(g)Grandchild means a child of the employees child.
(h)Grandparent means a parent of the employees parent.
(i)In loco parentis has the same meaning as that term is defined in Section 3302-1 of Title 22 of the California Code of Regulations.
(j)Military member means a child, spouse, domestic partner, or parent of the employee, where the military member is on covered active duty or call to active duty in the Armed Forces of the United States as defined in subdivision (a) of Section 3302.1
(k)Parent means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child.
(l)Parent-in-law means the parent of a spouse or a domestic partner.
(m)Serious health condition means an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential health care facility, or continuing treatment or continuing supervision by a health care provider, as defined in Section 12945.2 of the Government Code.
(n)Sibling means a person related to another person by blood, adoption, or affinity through a common legal or biological parent.
(o)Spouse means a partner to a lawful marriage.
(p)Valid claim means any claim for family temporary disability insurance benefits made in accordance with the provisions of this code, and any rules and regulations adopted thereunder, if the individual claiming benefits is unemployed and has been paid the necessary wages in employment for employers to qualify for benefits under Section 2652 and is caring for a seriously ill family member, or bonding with a minor child during the first year after the birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for a child in loco parentis.
(q)Twelve-month period, with respect to any individual, means the 365 consecutive days that begin with the first day the individual first establishes a valid claim for family temporary disability benefits.
(r)The amendments made to this section by the act adding this subdivision shall become operative on February 1, 2025.
SEC. 3.5.Section 3302 is added to the Unemployment Insurance Code, to read:3302.(a)For purposes of this part:
(1)Care recipient means the family member who is receiving care for a serious health condition or the new child with whom the care provider is bonding. For the purposes of a qualifying exigency as set forth in Section 3302.2, care recipient also includes the military member, or child or parent of the military member, who is receiving assistance, or the employee who is participating in a qualifying exigency.
(2)Care provider means the family member who is providing the required care for a serious health condition, the family member who is bonding with the new child, or the employee who is participating in a qualifying exigency as provided in Section 3302.2.
(3)Child means a biological, adopted, or foster son or daughter, a stepson or stepdaughter, a legal ward, a son or daughter of a domestic partner, or the person to whom the employee stands in loco parentis.
(4)Designated person means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee when they file a claim for benefits.
(5)Domestic partner has the same meaning as defined in Section 297 of the Family Code.
(6)Family care leave means any of the following:
(A)(i)Leave to bond with a minor child within the first year of the childs birth or placement in connection with foster care or adoption.
(ii)Commencing February 1, 2025, leave to bond as described in clause (i) includes leave to bond with a minor child within the first year of the individuals assumption of responsibilities for a child in loco parentis.
(B)Leave to care for a child, parent, grandparent, grandchild, sibling, spouse, domestic partner, or designated person, who has a serious health condition.
(C)Leave to participate in a qualifying exigency as provided in Section 3302.2.
(7)Family member means a child, parent, grandparent, grandchild, sibling, spouse, domestic partner, or designated person.
(8)Grandchild means a child of the employees child.
(9)Grandparent means a parent of the employees parent.
(10)In loco parentis, commencing February 1, 2025, has the same meaning as that term is defined in Section 3302-1 of Title 22 of the California Code of Regulations.
(11)Military member means a child, spouse, domestic partner, or parent of the employee, where the military member is on covered active duty or call to active duty in the Armed Forces of the United States as defined in subdivision (a) of Section 3302.1.
(12)Parent means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child.
(13)Parent-in-law means the parent of a spouse or a domestic partner.
(14)Serious health condition means an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential health care facility, or continuing treatment or continuing supervision by a health care provider, as defined in Section 12945.2 of the Government Code.
(15)Sibling means a person related to another person by blood, adoption, or affinity through a common legal or biological parent.
(16)Spouse means a partner to a lawful marriage.
(17)(A)Valid claim means any claim for family temporary disability insurance benefits made in accordance with the provisions of this code, and any rules and regulations adopted thereunder, if the individual claiming benefits is unemployed and has been paid the necessary wages in employment for employers to qualify for benefits under Section 2652 and is caring for a seriously ill family member, or bonding with a minor child during the first year after the birth or placement of the child in connection with foster care or adoption.
(B)Commencing February 1, 2025, valid claim as described in subparagraph (A) includes when an individual is unemployed because of the individuals assumption of responsibilities for a child in loco parentis.
(18)Twelve-month period, with respect to any individual, means the 365 consecutive days that begin with the first day the individual first establishes a valid claim for family temporary disability benefits.
(b)This section shall become operative on November 1, 2024.
SEC. 4.Section 3302.1 of the Unemployment Insurance Code is amended to read:3302.1.For purposes of this chapter, the following definitions apply:
(a)Covered active duty means, with respect to a member of the regular Armed Forces of the United States, duty during the deployment of the member with the regular armed forces to a foreign country and, with respect to a member of the reserve components of the Armed Forces of the United States, duty during the deployment of the member of those reserve components to a foreign country under a federal call or order to active duty.
(b)Disability benefit period with respect to any individual, means the period of unemployment beginning with the first day an individual establishes a valid claim for family temporary disability insurance benefits to care for a seriously ill family member, to bond with a minor child during the first year after the birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for a child in loco parentis, or to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(1)Periods of family care leave for the same care recipient within a 12-month period shall be considered one disability benefit period.
(2)Periods of disability for pregnancy, as defined in Section 2608, and periods of family care leave for bonding associated with the birth of that child shall be considered one disability benefit period.
(c)The amendments made to this section by the act adding this subdivision shall become operative on February 1, 2025.
SEC. 5.Section 3303 of the Unemployment Insurance Code is amended to read:3303.(a)Only if the director makes both of the findings described in subdivision (b), an individual shall be deemed eligible for family temporary disability insurance benefits equal to one-seventh of their weekly benefit amount on any day in which they are unable to perform their regular or customary work because of any of the following:
(1)The individual is bonding with a minor child during the first year after the birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for a child in loco parentis.
(2)The individual is caring for a seriously ill child, parent, grandparent, grandchild, sibling, spouse, or domestic partner.
(3)The individual is participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(b)An individual shall be deemed eligible for family temporary disability insurance benefits described in subdivision (a) only if the directors finds both of the following:
(1)The individual has made a claim for temporary disability benefits as required by authorized regulations.
(2)The individual has filed a certificate, as required by Sections 2708 and 2709, or for purposes of participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States, has provided the information requested pursuant to Section 3307.
(c)The amendments made to this section by the act adding this subdivision shall become operative on February 1, 2025.
SEC. 5.5.Section 3303 is added to the Unemployment Insurance Code, to read:3303.(a)Only if the director makes both of the findings described in subdivision (b), an individual shall be deemed eligible for family temporary disability insurance benefits equal to one-seventh of the individuals weekly benefit amount on any day in which the individual is unable to perform their regular or customary work because of any of the following:
(1)(A)The individual is bonding with a minor child during the first year after the birth or placement of the child in connection with foster care or adoption.
(B)Commencing February 1, 2025, an individual is eligible to receive family temporary disability insurance benefits as described in subparagraph (A) if the individual is unable to perform their regular or customary work because of the individuals assumption of responsibilities for a child in loco parentis.
(2)The individual is caring for a seriously ill child, parent, grandparent, grandchild, sibling, spouse, domestic partner, or designated person.
(3)The individual is participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(b)An individual shall be deemed eligible for family temporary disability insurance benefits described in subdivision (a) only if the director finds both of the following:
(1)The individual has made a claim for temporary disability benefits as required by authorized regulations.
(2)The individual has filed a certificate, as required by Sections 2708 and 2709, or for purposes of participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States, has provided the information requested pursuant to Section 3307.
(c)This section shall become operative on November 1, 2024.
SEC. 6.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)(A)Another family member, as defined in Section 3302, is ready, willing, and able and is available for the same period of time in a day that the individual is providing the required care or participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(B)Subparagraph (A) shall not apply to periods of disability commencing on or after February 1, 2025.
(b)An individual who is entitled to leave under the FMLA and the CFRA shall take Family Temporary Disability Insurance (FTDI) leave concurrent with leave taken under the FMLA and the CFRA.
(c)(1)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 does not relieve an employer of any duty of collective bargaining the employer may have regarding the subject matter of this subdivision.
(2)Paragraph (1) shall not apply to periods of disability commencing on or after February 1, 2025.
SEC. 7.Section 1.5 of this bill incorporates amendments to Section 2708 of the Unemployment Insurance Code proposed by both this bill and Senate Bill 667. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 2708 of the Unemployment Insurance Code, and (3) this bill is enacted after Senate Bill 667, in which case Section 1.5 of this bill shall not become operative.
SEC. 8.Section 2.5 of this bill incorporates substantive amendments to Section 3301 of the Unemployment Insurance Code proposed by both this bill and Assembly Bill 518. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each amends Section 3301 of the Unemployment Insurance Code, and (3) this bill is enacted after Assembly Bill 518, in which case Section 3301 of the Unemployment Insurance Code, as amended and added by Assembly Bill 518, shall remain operative only until the operative date of this bill, at which time Section 2.5 of this bill shall become operative, and Section 2 of this bill shall not become operative.
SEC. 9.Section 3.5 of this bill incorporates substantive amendments to Section 3302 of the Unemployment Insurance Code proposed by both this bill and Assembly Bill 518. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each amends Section 3302 of the Unemployment Insurance Code, and (3) this bill is enacted after Assembly Bill 518, in which case Section 3302 of the Unemployment Insurance Code, as amended and added by Assembly Bill 518, shall remain operative only until the operative date of this bill, at which time Section 3.5 of this bill shall become operative, and Section 3 of this bill shall not become operative.
SEC. 10.Section 5.5 of this bill incorporates substantive amendments to Section 3303 of the Unemployment Insurance Code proposed by both this bill and Assembly Bill 518. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each amends Section 3303 of the Unemployment Insurance Code, and (3) this bill is enacted after Assembly Bill 518, in which case Section 3303 of the Unemployment Insurance Code, as amended and added by Assembly Bill 518, shall remain operative only until the operative date of this bill, at which time Section 5.5 of this bill shall become operative, and Section 5 of this bill shall not become operative.
(a)(1)In accordance with the directors authorized regulations, and except as provided in subdivision (c) and Sections 2708.1 and 2709, a claimant shall establish medical eligibility for each uninterrupted period of disability by filing a first claim for disability benefits supported by the certificate of a treating physician or practitioner that establishes the sickness, injury, or pregnancy of the employee, or the condition of the family member that warrants the care of the employee. For subsequent periods of uninterrupted disability after the period covered by the initial certificate or any preceding continued claim, a claimant shall file a continued claim for those benefits supported by the certificate of a treating physician or practitioner. A certificate filed to establish medical eligibility for the employees own sickness, injury, or pregnancy shall contain a diagnosis and diagnostic code prescribed in the International Classification of Diseases, or, if no diagnosis has yet been obtained, a detailed statement of symptoms.
(2)A certificate filed to establish medical eligibility of the employees own sickness, injury, or pregnancy shall also contain a statement of medical facts, including secondary diagnoses when applicable, within the physicians or practitioners knowledge, based on a physical examination and a documented medical history of the claimant by the physician or practitioner, indicating the physicians or practitioners conclusion as to the claimants disability, and a statement of the physicians or practitioners opinion as to the expected duration of the disability.
(b)An employee shall be required to file a certificate to establish eligibility when taking leave to care for a family member with a serious health condition. The certificate shall be developed by the department. In order to establish medical eligibility of the serious health condition of the family member that warrants the care of the employee, the information shall be within the physicians or practitioners knowledge and shall be based on a physical examination and documented medical history of the family member and shall contain all of the following:
(1)A diagnosis and diagnostic code prescribed in the International Classification of Diseases, or, if no diagnosis has yet been obtained, a detailed statement of symptoms.
(2)The date, if known, on which the condition commenced.
(3)The probable duration of the condition.
(4)An estimate of the amount of time that the physician or practitioner believes the employee needs to care for the child, parent, grandparent, grandchild, sibling, spouse, or domestic partner.
(5)(A)A statement that the serious health condition warrants the participation of the employee to provide care for their child, parent, grandparent, grandchild, sibling, spouse, or domestic partner.
(B)Warrants the participation of the employee includes, but is not limited to, providing psychological comfort, and arranging third party care for the child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as well as directly providing, or participating in, the medical care.
(c)The department shall develop a certification form for bonding that is separate and distinct from the certificate required in subdivision (a) for an employee taking leave to bond with a minor child within one year of the childs birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for the child in loco parentis.
(d)The first and any continuing claim of an individual who obtains care and treatment outside this state shall be supported by a certificate of a treating physician or practitioner duly licensed or certified by the state or foreign country in which the claimant is receiving the care and treatment. If a physician or practitioner licensed by and practicing in a foreign country is under investigation by the department for filing false claims and the department does not have legal remedies to conduct a criminal investigation or prosecution in that country, the department may suspend the processing of all further certifications until the physician or practitioner fully cooperates, and continues to cooperate, with the investigation. A physician or practitioner licensed by, and practicing in, a foreign country who has been convicted of filing false claims with the department may not file a certificate in support of a claim for disability benefits for a period of five years.
(e)For purposes of this part:
(1)Physician has the same meaning as defined in Section 3209.3 of the Labor Code.
(2)(A)Practitioner means a person duly licensed or certified in California acting within the scope of their license or certification who is a dentist, podiatrist, or a nurse practitioner, and in the case of a nurse practitioner, after performance of a physical examination by a nurse practitioner and collaboration with a physician and surgeon, or as to normal pregnancy or childbirth, a midwife or nurse midwife, or nurse practitioner.
(B)Practitioner also means a physician assistant who has performed a physical examination under the supervision of a physician and surgeon. Funds appropriated to cover the costs required to implement this subparagraph shall come from the Unemployment Compensation Disability Fund.
(f)For a claimant who is hospitalized in or under the authority of a county hospital in this state, a certificate of initial and continuing medical disability, if any, shall satisfy the requirements of this section if the disability is shown by the claimants hospital chart, and the certificate is signed by the hospitals registrar. For a claimant hospitalized in or under the care of a medical facility of the United States government, a certificate of initial and continuing medical disability, if any, shall satisfy the requirements of this section if the disability is shown by the claimants hospital chart, and the certificate is signed by a medical officer of the facility duly authorized to do so.
(g)This section does not preclude the department from requesting additional medical evidence to supplement the first or any continued claim if the additional evidence can be procured without additional cost to the claimant. The department may require that the additional evidence include any or all of the following:
(1)Identification of diagnoses.
(2)Identification of symptoms.
(3)A statement setting forth the facts of the claimants disability. The statement shall be completed by any of the following individuals:
(A)The physician or practitioner treating the claimant.
(B)The registrar, authorized medical officer, or other duly authorized official of the hospital or health facility treating the claimant.
(C)An examining physician or other representative of the department.
(h)The amendments made to this section by the act adding this subdivision shall become operative on February 1, 2025.
SEC. 1.5.Section 2708 of the Unemployment Insurance Code is amended to read:2708.(a)(1)In accordance with the directors authorized regulations, and except as provided in subdivision (c) and Sections 2708.1 and 2709, a claimant shall establish medical eligibility for each uninterrupted period of disability by filing a first claim for disability benefits supported by the certificate of a treating physician or practitioner that establishes the sickness, injury, or pregnancy of the employee, or the condition of the family member that warrants the care of the employee. For subsequent periods of uninterrupted disability after the period covered by the initial certificate or any preceding continued claim, a claimant shall file a continued claim for those benefits supported by the certificate of a treating physician or practitioner. A certificate filed to establish medical eligibility for the employees own sickness, injury, or pregnancy shall contain a diagnosis and diagnostic code prescribed in the International Classification of Diseases, or, if no diagnosis has yet been obtained, a detailed statement of symptoms.
(2)A certificate filed to establish medical eligibility of the employees own sickness, injury, or pregnancy shall also contain a statement of medical facts, including secondary diagnoses when applicable, within the physicians or practitioners knowledge, based on a physical examination and a documented medical history of the claimant by the physician or practitioner, indicating the physicians or practitioners conclusion as to the claimants disability, and a statement of the physicians or practitioners opinion as to the expected duration of the disability.
(b)An employee shall be required to file a certificate to establish eligibility when taking leave to care for a family member with a serious health condition. The certificate shall be developed by the department. In order to establish medical eligibility of the serious health condition of the family member that warrants the care of the employee, the information shall be within the physicians or practitioners knowledge and shall be based on a physical examination and documented medical history of the family member and shall contain all of the following:
(1)A diagnosis and diagnostic code prescribed in the International Classification of Diseases, or, if no diagnosis has yet been obtained, a detailed statement of symptoms.
(2)The date, if known, on which the condition commenced.
(3)The probable duration of the condition.
(4)An estimate of the amount of time that the physician or practitioner believes the employee needs to care for the child, parent, grandparent, grandchild, sibling, spouse, or domestic partner.
(5)(A)A statement that the serious health condition warrants the participation of the employee to provide care for his or her their child, parent, grandparent, grandchild, sibling, spouse, or domestic partner.
(B)Warrants the participation of the employee includes, but is not limited to, providing psychological comfort, and arranging third party care for the child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as well as directly providing, or participating in, the medical care.
(c)The department shall develop a certification form for bonding that is separate and distinct from the certificate required in subdivision (a) for an employee taking leave to bond with a minor child within the first one year of the childs birth or placement birth, placement of the child in connection with foster care or adoption. adoption, or an individuals assumption of responsibilities for the child in loco parentis.
(d)The first and any continuing claim of an individual who obtains care and treatment outside this state shall be supported by a certificate of a treating physician or practitioner duly licensed or certified by the state or foreign country in which the claimant is receiving the care and treatment. If a physician or practitioner licensed by and practicing in a foreign country is under investigation by the department for filing false claims and the department does not have legal remedies to conduct a criminal investigation or prosecution in that country, the department may suspend the processing of all further certifications until the physician or practitioner fully cooperates, and continues to cooperate, with the investigation. A physician or practitioner licensed by, and practicing in, a foreign country who has been convicted of filing false claims with the department may not file a certificate in support of a claim for disability benefits for a period of five years.
(e)For purposes of this part:
(1)Physician has the same meaning as defined in Section 3209.3 of the Labor Code.
(2)(A)Practitioner means a person duly licensed or certified in California acting within the scope of his or her their license or certification who is a dentist, podiatrist, or a nurse practitioner, and in the case of a nurse practitioner, after performance of a physical examination by a nurse practitioner and collaboration with a physician and surgeon, or as to normal pregnancy or childbirth, pregnancy, childbirth, or postpartum conditions consistent with the scope of their professional licensure, a midwife or nurse midwife, nurse-midwife, or nurse practitioner.
(B)Practitioner also means a physician assistant who has performed a physical examination under the supervision of a physician and surgeon. Funds appropriated to cover the costs required to implement this subparagraph shall come from the Unemployment Compensation Disability Fund. This subparagraph shall be implemented on or before January 1, 2017.
(f)For a claimant who is hospitalized in or under the authority of a county hospital in this state, a certificate of initial and continuing medical disability, if any, shall satisfy the requirements of this section if the disability is shown by the claimants hospital chart, and the certificate is signed by the hospitals registrar. For a claimant hospitalized in or under the care of a medical facility of the United States government, a certificate of initial and continuing medical disability, if any, shall satisfy the requirements of this section if the disability is shown by the claimants hospital chart, and the certificate is signed by a medical officer of the facility duly authorized to do so.
(g)Nothing in this section shall be construed to This section does not preclude the department from requesting additional medical evidence to supplement the first or any continued claim if the additional evidence can be procured without additional cost to the claimant. The department may require that the additional evidence include any or all of the following:
(1)Identification of diagnoses.
(2)Identification of symptoms.
(3)A statement setting forth the facts of the claimants disability. The statement shall be completed by any of the following individuals:
(A)The physician or practitioner treating the claimant.
(B)The registrar, authorized medical officer, or other duly authorized official of the hospital or health facility treating the claimant.
(C)An examining physician or other representative of the department.
(h)This section shall become operative on July 1, 2014.(h)The amendments made to subdivision (c) by the act adding this subdivision shall become operative on February 1, 2025.
SEC. 2.Section 3301 of the Unemployment Insurance Code is amended to read:3301.(a)(1)The purpose of this chapter is to establish, within the state disability insurance program, a family temporary disability insurance program. Family temporary disability insurance shall provide up to eight weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, grandparent, grandchild, sibling, or domestic partner, to bond with a minor child within one year of the birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for a child in loco parentis, or to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(2)This chapter does not abridge the rights and responsibilities conveyed under the CFRA or pregnancy disability leave.
(b)(1)An individuals weekly benefit amount for periods of disability commencing before January 1, 2025, shall be the amount provided in Section 2655, and for periods of disability commencing on or after January 1, 2025, shall be the amount provided in paragraph (2). An individual is eligible to receive family temporary disability insurance benefits equal to one-seventh of the individuals weekly benefit amount for each full day during which the individual is unable to work due to caring for a seriously ill or injured family member, bonding with a minor child within one year of the birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for a child in loco parentis, or participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(2)For periods of disability commencing on or after January 1, 2025, the weekly benefit amount shall be as follows:
(A)When the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest is less than seven hundred twenty-two dollars and fifty cents ($722.50), then fifty dollars ($50).
(B)When the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest is more than 70 percent of the state average quarterly wage, the weekly benefit amount shall be equal to the greater of 70 percent of the wages paid to an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest, divided by 13, but not exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code, or 63 percent of the state average weekly wage.
(C)When the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest is seven hundred twenty-two dollars and fifty cents ($722.50) or more, but 70 percent or less than the state average quarterly wage, then the weekly benefit amount shall be equal to 90 percent of the wages paid to an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest, divided by 13, but not exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code.
(3)For purposes of this subdivision, state average weekly wage and state average quarterly wage have the same meanings as defined in subdivision (g) of Section 2655.
(c)The maximum amount payable to an individual during any disability benefit period for family temporary disability insurance shall be eight times the individuals weekly benefit amount, but in no case shall the total amount of benefits payable be more than the total wages paid to the individual during the individuals disability base period. If the benefit is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1).
(d)No more than eight weeks of family temporary disability insurance benefits shall be paid within any 12-month period.
(e)An individual shall file a claim for family temporary disability insurance benefits not later than the 41st consecutive day following the first compensable day with respect to which the claim is made for benefits, which time shall be extended by the department upon a showing of good cause. If a first claim is not complete, the claim form shall be returned to the claimant for completion and it shall be completed and returned not later than the 10th consecutive day after the date it was mailed by the department to the claimant, except that such time shall be extended by the department upon a showing of good cause.
(f)The amendments made to this section by the act adding this subdivision shall become operative on February 1, 2025.
SEC. 2.5.Section 3301 is added to the Unemployment Insurance Code, to read:3301.(a)(1)(A)The purpose of this chapter is to establish, within the state disability insurance program, a family temporary disability insurance program. Family temporary disability insurance shall provide up to eight weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, grandparent, grandchild, sibling, domestic partner, or designated person, to bond with a minor child within one year of the birth or placement of the child in connection with foster care or adoption, or to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(B)Commencing February 1, 2025, an individual is eligible to receive family temporary disability insurance benefits as described in subparagraph (A) if the individual is unable to work due to the individuals assumption of responsibilities for a child in loco parentis.
(2)Nothing in this chapter shall be construed to abridge the rights and responsibilities conveyed under the CFRA or pregnancy disability leave.
(b)(1)(A)An individuals weekly benefit amount for periods of disability commencing before January 1, 2025, shall be the amount provided in Section 2655, and for periods of disability commencing on or after January 1, 2025, shall be the amount provided in paragraph (2). An individual is eligible to receive family temporary disability insurance benefits equal to one-seventh of the individuals weekly benefit amount for each full day during which the individual is unable to work due to caring for a seriously ill or injured family member, bonding with a minor child within one year of the birth or placement of the child in connection with foster care or adoption, or participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(B)Commencing February 1, 2025, an individual is eligible to receive family temporary disability insurance benefits as described in subparagraph (A) if the individual is unable to work due to the individuals assumption of responsibilities for a child in loco parentis.
(2)For periods of disability commencing on or after January 1, 2025, the weekly benefit amount shall be as follows:
(A)When the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest is less than seven hundred twenty-two dollars and fifty cents ($722.50), then fifty dollars ($50).
(B)When the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest is more than 70 percent of the state average quarterly wage, the weekly benefit amount shall be equal to the greater of 70 percent of the wages paid to an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest, divided by 13, but not exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code, or 63 percent of the state average weekly wage.
(C)When the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest is seven hundred twenty-two dollars and fifty cents ($722.50), or more, but 70 percent or less than the state average quarterly wage, then the weekly benefit amount shall be equal to 90 percent of the wages paid to an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest, divided by 13, but not exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code.
(3)For purposes of this subdivision, state average weekly wage and state average quarterly wage have the same meanings as defined in subdivision (g) of Section 2655.
(c)The maximum amount payable to an individual during any disability benefit period for family temporary disability insurance shall be eight times the individuals weekly benefit amount, but in no case shall the total amount of benefits payable be more than the total wages paid to the individual during the individuals disability base period. If the benefit is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1).
(d)No more than eight weeks of family temporary disability insurance benefits shall be paid within any 12-month period.
(e)An individual shall file a claim for family temporary disability insurance benefits not later than the 41st consecutive day following the first compensable day with respect to which the claim is made for benefits, which time shall be extended by the department upon a showing of good cause. If a first claim is not complete, the claim form shall be returned to the claimant for completion and it shall be completed and returned not later than the 10th consecutive day after the date it was mailed by the department to the claimant, except that such time shall be extended by the department upon a showing of good cause.
(f)This section shall become operative on November 1, 2024.
SEC. 3.Section 3302 of the Unemployment Insurance Code is amended to read:3302.For purposes of this part:
(a)Care recipient means the family member who is receiving care for a serious health condition or the new child with whom the care provider is bonding. For the purposes of a qualifying exigency as set forth in Section 3302.2, care recipient also includes the military member, or child or parent of the military member, who is receiving assistance, or the employee who is participating in a qualifying exigency.
(b)Care provider means the family member who is providing the required care for a serious health condition; the family member who is bonding with the new child; or the employee who is participating in a qualifying exigency as provided in Section 3302.2.
(c)Child means a biological, adopted, or foster son or daughter, a stepson or stepdaughter, a legal ward, a son or daughter of a domestic partner, or the person to whom the employee stands in loco parentis.
(d)Domestic partner has the same meaning as defined in Section 297 of the Family Code.
(e)Family care leave means any of the following:
(1)Leave to bond with a minor child within the first year of the childs birth, placement in connection with foster care or adoption, or an individuals assumption of responsibilities for a child in loco parentis.
(2)Leave to care for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner who has a serious health condition.
(3)Leave to participate in a qualifying exigency as provided in Section 3302.2.
(f)Family member means child, parent, grandparent, grandchild, sibling, spouse, or domestic partner as defined in this section.
(g)Grandchild means a child of the employees child.
(h)Grandparent means a parent of the employees parent.
(i)In loco parentis has the same meaning as that term is defined in Section 3302-1 of Title 22 of the California Code of Regulations.
(j)Military member means a child, spouse, domestic partner, or parent of the employee, where the military member is on covered active duty or call to active duty in the Armed Forces of the United States as defined in subdivision (a) of Section 3302.1
(k)Parent means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child.
(l)Parent-in-law means the parent of a spouse or a domestic partner.
(m)Serious health condition means an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential health care facility, or continuing treatment or continuing supervision by a health care provider, as defined in Section 12945.2 of the Government Code.
(n)Sibling means a person related to another person by blood, adoption, or affinity through a common legal or biological parent.
(o)Spouse means a partner to a lawful marriage.
(p)Valid claim means any claim for family temporary disability insurance benefits made in accordance with the provisions of this code, and any rules and regulations adopted thereunder, if the individual claiming benefits is unemployed and has been paid the necessary wages in employment for employers to qualify for benefits under Section 2652 and is caring for a seriously ill family member, or bonding with a minor child during the first year after the birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for a child in loco parentis.
(q)Twelve-month period, with respect to any individual, means the 365 consecutive days that begin with the first day the individual first establishes a valid claim for family temporary disability benefits.
(r)The amendments made to this section by the act adding this subdivision shall become operative on February 1, 2025.
SEC. 3.5.Section 3302 is added to the Unemployment Insurance Code, to read:3302.(a)For purposes of this part:
(1)Care recipient means the family member who is receiving care for a serious health condition or the new child with whom the care provider is bonding. For the purposes of a qualifying exigency as set forth in Section 3302.2, care recipient also includes the military member, or child or parent of the military member, who is receiving assistance, or the employee who is participating in a qualifying exigency.
(2)Care provider means the family member who is providing the required care for a serious health condition, the family member who is bonding with the new child, or the employee who is participating in a qualifying exigency as provided in Section 3302.2.
(3)Child means a biological, adopted, or foster son or daughter, a stepson or stepdaughter, a legal ward, a son or daughter of a domestic partner, or the person to whom the employee stands in loco parentis.
(4)Designated person means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee when they file a claim for benefits.
(5)Domestic partner has the same meaning as defined in Section 297 of the Family Code.
(6)Family care leave means any of the following:
(A)(i)Leave to bond with a minor child within the first year of the childs birth or placement in connection with foster care or adoption.
(ii)Commencing February 1, 2025, leave to bond as described in clause (i) includes leave to bond with a minor child within the first year of the individuals assumption of responsibilities for a child in loco parentis.
(B)Leave to care for a child, parent, grandparent, grandchild, sibling, spouse, domestic partner, or designated person, who has a serious health condition.
(C)Leave to participate in a qualifying exigency as provided in Section 3302.2.
(7)Family member means a child, parent, grandparent, grandchild, sibling, spouse, domestic partner, or designated person.
(8)Grandchild means a child of the employees child.
(9)Grandparent means a parent of the employees parent.
(10)In loco parentis, commencing February 1, 2025, has the same meaning as that term is defined in Section 3302-1 of Title 22 of the California Code of Regulations.
(11)Military member means a child, spouse, domestic partner, or parent of the employee, where the military member is on covered active duty or call to active duty in the Armed Forces of the United States as defined in subdivision (a) of Section 3302.1.
(12)Parent means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child.
(13)Parent-in-law means the parent of a spouse or a domestic partner.
(14)Serious health condition means an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential health care facility, or continuing treatment or continuing supervision by a health care provider, as defined in Section 12945.2 of the Government Code.
(15)Sibling means a person related to another person by blood, adoption, or affinity through a common legal or biological parent.
(16)Spouse means a partner to a lawful marriage.
(17)(A)Valid claim means any claim for family temporary disability insurance benefits made in accordance with the provisions of this code, and any rules and regulations adopted thereunder, if the individual claiming benefits is unemployed and has been paid the necessary wages in employment for employers to qualify for benefits under Section 2652 and is caring for a seriously ill family member, or bonding with a minor child during the first year after the birth or placement of the child in connection with foster care or adoption.
(B)Commencing February 1, 2025, valid claim as described in subparagraph (A) includes when an individual is unemployed because of the individuals assumption of responsibilities for a child in loco parentis.
(18)Twelve-month period, with respect to any individual, means the 365 consecutive days that begin with the first day the individual first establishes a valid claim for family temporary disability benefits.
(b)This section shall become operative on November 1, 2024.
SEC. 4.Section 3302.1 of the Unemployment Insurance Code is amended to read:3302.1.For purposes of this chapter, the following definitions apply:
(a)Covered active duty means, with respect to a member of the regular Armed Forces of the United States, duty during the deployment of the member with the regular armed forces to a foreign country and, with respect to a member of the reserve components of the Armed Forces of the United States, duty during the deployment of the member of those reserve components to a foreign country under a federal call or order to active duty.
(b)Disability benefit period with respect to any individual, means the period of unemployment beginning with the first day an individual establishes a valid claim for family temporary disability insurance benefits to care for a seriously ill family member, to bond with a minor child during the first year after the birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for a child in loco parentis, or to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(1)Periods of family care leave for the same care recipient within a 12-month period shall be considered one disability benefit period.
(2)Periods of disability for pregnancy, as defined in Section 2608, and periods of family care leave for bonding associated with the birth of that child shall be considered one disability benefit period.
(c)The amendments made to this section by the act adding this subdivision shall become operative on February 1, 2025.
SEC. 5.Section 3303 of the Unemployment Insurance Code is amended to read:3303.(a)Only if the director makes both of the findings described in subdivision (b), an individual shall be deemed eligible for family temporary disability insurance benefits equal to one-seventh of their weekly benefit amount on any day in which they are unable to perform their regular or customary work because of any of the following:
(1)The individual is bonding with a minor child during the first year after the birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for a child in loco parentis.
(2)The individual is caring for a seriously ill child, parent, grandparent, grandchild, sibling, spouse, or domestic partner.
(3)The individual is participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(b)An individual shall be deemed eligible for family temporary disability insurance benefits described in subdivision (a) only if the directors finds both of the following:
(1)The individual has made a claim for temporary disability benefits as required by authorized regulations.
(2)The individual has filed a certificate, as required by Sections 2708 and 2709, or for purposes of participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States, has provided the information requested pursuant to Section 3307.
(c)The amendments made to this section by the act adding this subdivision shall become operative on February 1, 2025.
SEC. 5.5.Section 3303 is added to the Unemployment Insurance Code, to read:3303.(a)Only if the director makes both of the findings described in subdivision (b), an individual shall be deemed eligible for family temporary disability insurance benefits equal to one-seventh of the individuals weekly benefit amount on any day in which the individual is unable to perform their regular or customary work because of any of the following:
(1)(A)The individual is bonding with a minor child during the first year after the birth or placement of the child in connection with foster care or adoption.
(B)Commencing February 1, 2025, an individual is eligible to receive family temporary disability insurance benefits as described in subparagraph (A) if the individual is unable to perform their regular or customary work because of the individuals assumption of responsibilities for a child in loco parentis.
(2)The individual is caring for a seriously ill child, parent, grandparent, grandchild, sibling, spouse, domestic partner, or designated person.
(3)The individual is participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(b)An individual shall be deemed eligible for family temporary disability insurance benefits described in subdivision (a) only if the director finds both of the following:
(1)The individual has made a claim for temporary disability benefits as required by authorized regulations.
(2)The individual has filed a certificate, as required by Sections 2708 and 2709, or for purposes of participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States, has provided the information requested pursuant to Section 3307.
(c)This section shall become operative on November 1, 2024.
SEC. 6.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)(A)Another family member, as defined in Section 3302, is ready, willing, and able and is available for the same period of time in a day that the individual is providing the required care or participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(B)Subparagraph (A) shall not apply to periods of disability commencing on or after February 1, 2025.
(b)An individual who is entitled to leave under the FMLA and the CFRA shall take Family Temporary Disability Insurance (FTDI) leave concurrent with leave taken under the FMLA and the CFRA.
(c)(1)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 does not relieve an employer of any duty of collective bargaining the employer may have regarding the subject matter of this subdivision.
(2)Paragraph (1) shall not apply to periods of disability commencing on or after February 1, 2025.
SEC. 7.Section 1.5 of this bill incorporates amendments to Section 2708 of the Unemployment Insurance Code proposed by both this bill and Senate Bill 667. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 2708 of the Unemployment Insurance Code, and (3) this bill is enacted after Senate Bill 667, in which case Section 1.5 of this bill shall not become operative.
SEC. 8.Section 2.5 of this bill incorporates substantive amendments to Section 3301 of the Unemployment Insurance Code proposed by both this bill and Assembly Bill 518. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each amends Section 3301 of the Unemployment Insurance Code, and (3) this bill is enacted after Assembly Bill 518, in which case Section 3301 of the Unemployment Insurance Code, as amended and added by Assembly Bill 518, shall remain operative only until the operative date of this bill, at which time Section 2.5 of this bill shall become operative, and Section 2 of this bill shall not become operative.
SEC. 9.Section 3.5 of this bill incorporates substantive amendments to Section 3302 of the Unemployment Insurance Code proposed by both this bill and Assembly Bill 518. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each amends Section 3302 of the Unemployment Insurance Code, and (3) this bill is enacted after Assembly Bill 518, in which case Section 3302 of the Unemployment Insurance Code, as amended and added by Assembly Bill 518, shall remain operative only until the operative date of this bill, at which time Section 3.5 of this bill shall become operative, and Section 3 of this bill shall not become operative.
SEC. 10.Section 5.5 of this bill incorporates substantive amendments to Section 3303 of the Unemployment Insurance Code proposed by both this bill and Assembly Bill 518. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each amends Section 3303 of the Unemployment Insurance Code, and (3) this bill is enacted after Assembly Bill 518, in which case Section 3303 of the Unemployment Insurance Code, as amended and added by Assembly Bill 518, shall remain operative only until the operative date of this bill, at which time Section 5.5 of this bill shall become operative, and Section 5 of this bill shall not become operative.
(a)(1)In accordance with the directors authorized regulations, and except as provided in subdivision (c) and Sections 2708.1 and 2709, a claimant shall establish medical eligibility for each uninterrupted period of disability by filing a first claim for disability benefits supported by the certificate of a treating physician or practitioner that establishes the sickness, injury, or pregnancy of the employee, or the condition of the family member that warrants the care of the employee. For subsequent periods of uninterrupted disability after the period covered by the initial certificate or any preceding continued claim, a claimant shall file a continued claim for those benefits supported by the certificate of a treating physician or practitioner. A certificate filed to establish medical eligibility for the employees own sickness, injury, or pregnancy shall contain a diagnosis and diagnostic code prescribed in the International Classification of Diseases, or, if no diagnosis has yet been obtained, a detailed statement of symptoms.
(2)A certificate filed to establish medical eligibility of the employees own sickness, injury, or pregnancy shall also contain a statement of medical facts, including secondary diagnoses when applicable, within the physicians or practitioners knowledge, based on a physical examination and a documented medical history of the claimant by the physician or practitioner, indicating the physicians or practitioners conclusion as to the claimants disability, and a statement of the physicians or practitioners opinion as to the expected duration of the disability.
(b)An employee shall be required to file a certificate to establish eligibility when taking leave to care for a family member with a serious health condition. The certificate shall be developed by the department. In order to establish medical eligibility of the serious health condition of the family member that warrants the care of the employee, the information shall be within the physicians or practitioners knowledge and shall be based on a physical examination and documented medical history of the family member and shall contain all of the following:
(1)A diagnosis and diagnostic code prescribed in the International Classification of Diseases, or, if no diagnosis has yet been obtained, a detailed statement of symptoms.
(2)The date, if known, on which the condition commenced.
(3)The probable duration of the condition.
(4)An estimate of the amount of time that the physician or practitioner believes the employee needs to care for the child, parent, grandparent, grandchild, sibling, spouse, or domestic partner.
(5)(A)A statement that the serious health condition warrants the participation of the employee to provide care for their child, parent, grandparent, grandchild, sibling, spouse, or domestic partner.
(B)Warrants the participation of the employee includes, but is not limited to, providing psychological comfort, and arranging third party care for the child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as well as directly providing, or participating in, the medical care.
(c)The department shall develop a certification form for bonding that is separate and distinct from the certificate required in subdivision (a) for an employee taking leave to bond with a minor child within one year of the childs birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for the child in loco parentis.
(d)The first and any continuing claim of an individual who obtains care and treatment outside this state shall be supported by a certificate of a treating physician or practitioner duly licensed or certified by the state or foreign country in which the claimant is receiving the care and treatment. If a physician or practitioner licensed by and practicing in a foreign country is under investigation by the department for filing false claims and the department does not have legal remedies to conduct a criminal investigation or prosecution in that country, the department may suspend the processing of all further certifications until the physician or practitioner fully cooperates, and continues to cooperate, with the investigation. A physician or practitioner licensed by, and practicing in, a foreign country who has been convicted of filing false claims with the department may not file a certificate in support of a claim for disability benefits for a period of five years.
(e)For purposes of this part:
(1)Physician has the same meaning as defined in Section 3209.3 of the Labor Code.
(2)(A)Practitioner means a person duly licensed or certified in California acting within the scope of their license or certification who is a dentist, podiatrist, or a nurse practitioner, and in the case of a nurse practitioner, after performance of a physical examination by a nurse practitioner and collaboration with a physician and surgeon, or as to normal pregnancy or childbirth, a midwife or nurse midwife, or nurse practitioner.
(B)Practitioner also means a physician assistant who has performed a physical examination under the supervision of a physician and surgeon. Funds appropriated to cover the costs required to implement this subparagraph shall come from the Unemployment Compensation Disability Fund.
(f)For a claimant who is hospitalized in or under the authority of a county hospital in this state, a certificate of initial and continuing medical disability, if any, shall satisfy the requirements of this section if the disability is shown by the claimants hospital chart, and the certificate is signed by the hospitals registrar. For a claimant hospitalized in or under the care of a medical facility of the United States government, a certificate of initial and continuing medical disability, if any, shall satisfy the requirements of this section if the disability is shown by the claimants hospital chart, and the certificate is signed by a medical officer of the facility duly authorized to do so.
(g)This section does not preclude the department from requesting additional medical evidence to supplement the first or any continued claim if the additional evidence can be procured without additional cost to the claimant. The department may require that the additional evidence include any or all of the following:
(1)Identification of diagnoses.
(2)Identification of symptoms.
(3)A statement setting forth the facts of the claimants disability. The statement shall be completed by any of the following individuals:
(A)The physician or practitioner treating the claimant.
(B)The registrar, authorized medical officer, or other duly authorized official of the hospital or health facility treating the claimant.
(C)An examining physician or other representative of the department.
(h)The amendments made to this section by the act adding this subdivision shall become operative on February 1, 2025.
SEC. 2.Section 3301 of the Unemployment Insurance Code is amended to read:3301.(a)(1)The purpose of this chapter is to establish, within the state disability insurance program, a family temporary disability insurance program. Family temporary disability insurance shall provide up to eight weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, grandparent, grandchild, sibling, or domestic partner, to bond with a minor child within one year of the birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for a child in loco parentis, or to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(2)This chapter does not abridge the rights and responsibilities conveyed under the CFRA or pregnancy disability leave.
(b)(1)An individuals weekly benefit amount for periods of disability commencing before January 1, 2025, shall be the amount provided in Section 2655, and for periods of disability commencing on or after January 1, 2025, shall be the amount provided in paragraph (2). An individual is eligible to receive family temporary disability insurance benefits equal to one-seventh of the individuals weekly benefit amount for each full day during which the individual is unable to work due to caring for a seriously ill or injured family member, bonding with a minor child within one year of the birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for a child in loco parentis, or participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(2)For periods of disability commencing on or after January 1, 2025, the weekly benefit amount shall be as follows:
(A)When the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest is less than seven hundred twenty-two dollars and fifty cents ($722.50), then fifty dollars ($50).
(B)When the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest is more than 70 percent of the state average quarterly wage, the weekly benefit amount shall be equal to the greater of 70 percent of the wages paid to an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest, divided by 13, but not exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code, or 63 percent of the state average weekly wage.
(C)When the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest is seven hundred twenty-two dollars and fifty cents ($722.50) or more, but 70 percent or less than the state average quarterly wage, then the weekly benefit amount shall be equal to 90 percent of the wages paid to an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest, divided by 13, but not exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code.
(3)For purposes of this subdivision, state average weekly wage and state average quarterly wage have the same meanings as defined in subdivision (g) of Section 2655.
(c)The maximum amount payable to an individual during any disability benefit period for family temporary disability insurance shall be eight times the individuals weekly benefit amount, but in no case shall the total amount of benefits payable be more than the total wages paid to the individual during the individuals disability base period. If the benefit is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1).
(d)No more than eight weeks of family temporary disability insurance benefits shall be paid within any 12-month period.
(e)An individual shall file a claim for family temporary disability insurance benefits not later than the 41st consecutive day following the first compensable day with respect to which the claim is made for benefits, which time shall be extended by the department upon a showing of good cause. If a first claim is not complete, the claim form shall be returned to the claimant for completion and it shall be completed and returned not later than the 10th consecutive day after the date it was mailed by the department to the claimant, except that such time shall be extended by the department upon a showing of good cause.
(f)The amendments made to this section by the act adding this subdivision shall become operative on February 1, 2025.
SEC. 3.Section 3302 of the Unemployment Insurance Code is amended to read:3302.For purposes of this part:
(a)Care recipient means the family member who is receiving care for a serious health condition or the new child with whom the care provider is bonding. For the purposes of a qualifying exigency as set forth in Section 3302.2, care recipient also includes the military member, or child or parent of the military member, who is receiving assistance, or the employee who is participating in a qualifying exigency.
(b)Care provider means the family member who is providing the required care for a serious health condition; the family member who is bonding with the new child; or the employee who is participating in a qualifying exigency as provided in Section 3302.2.
(c)Child means a biological, adopted, or foster son or daughter, a stepson or stepdaughter, a legal ward, a son or daughter of a domestic partner, or the person to whom the employee stands in loco parentis.
(d)Domestic partner has the same meaning as defined in Section 297 of the Family Code.
(e)Family care leave means any of the following:
(1)Leave to bond with a minor child within the first year of the childs birth, placement in connection with foster care or adoption, or an individuals assumption of responsibilities for a child in loco parentis.
(2)Leave to care for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner who has a serious health condition.
(3)Leave to participate in a qualifying exigency as provided in Section 3302.2.
(f)Family member means child, parent, grandparent, grandchild, sibling, spouse, or domestic partner as defined in this section.
(g)Grandchild means a child of the employees child.
(h)Grandparent means a parent of the employees parent.
(i)In loco parentis has the same meaning as that term is defined in Section 3302-1 of Title 22 of the California Code of Regulations.
(j)Military member means a child, spouse, domestic partner, or parent of the employee, where the military member is on covered active duty or call to active duty in the Armed Forces of the United States as defined in subdivision (a) of Section 3302.1
(k)Parent means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child.
(l)Parent-in-law means the parent of a spouse or a domestic partner.
(m)Serious health condition means an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential health care facility, or continuing treatment or continuing supervision by a health care provider, as defined in Section 12945.2 of the Government Code.
(n)Sibling means a person related to another person by blood, adoption, or affinity through a common legal or biological parent.
(o)Spouse means a partner to a lawful marriage.
(p)Valid claim means any claim for family temporary disability insurance benefits made in accordance with the provisions of this code, and any rules and regulations adopted thereunder, if the individual claiming benefits is unemployed and has been paid the necessary wages in employment for employers to qualify for benefits under Section 2652 and is caring for a seriously ill family member, or bonding with a minor child during the first year after the birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for a child in loco parentis.
(q)Twelve-month period, with respect to any individual, means the 365 consecutive days that begin with the first day the individual first establishes a valid claim for family temporary disability benefits.
(r)The amendments made to this section by the act adding this subdivision shall become operative on February 1, 2025.
SEC. 4.Section 3302.1 of the Unemployment Insurance Code is amended to read:3302.1.For purposes of this chapter, the following definitions apply:
(a)Covered active duty means, with respect to a member of the regular Armed Forces of the United States, duty during the deployment of the member with the regular armed forces to a foreign country and, with respect to a member of the reserve components of the Armed Forces of the United States, duty during the deployment of the member of those reserve components to a foreign country under a federal call or order to active duty.
(b)Disability benefit period with respect to any individual, means the period of unemployment beginning with the first day an individual establishes a valid claim for family temporary disability insurance benefits to care for a seriously ill family member, to bond with a minor child during the first year after the birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for a child in loco parentis, or to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(1)Periods of family care leave for the same care recipient within a 12-month period shall be considered one disability benefit period.
(2)Periods of disability for pregnancy, as defined in Section 2608, and periods of family care leave for bonding associated with the birth of that child shall be considered one disability benefit period.
(c)The amendments made to this section by the act adding this subdivision shall become operative on February 1, 2025.
SEC. 5.Section 3303 of the Unemployment Insurance Code is amended to read:3303.(a)Only if the director makes both of the findings described in subdivision (b), an individual shall be deemed eligible for family temporary disability insurance benefits equal to one-seventh of their weekly benefit amount on any day in which they are unable to perform their regular or customary work because of any of the following:
(1)The individual is bonding with a minor child during the first year after the birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for a child in loco parentis.
(2)The individual is caring for a seriously ill child, parent, grandparent, grandchild, sibling, spouse, or domestic partner.
(3)The individual is participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(b)An individual shall be deemed eligible for family temporary disability insurance benefits described in subdivision (a) only if the directors finds both of the following:
(1)The individual has made a claim for temporary disability benefits as required by authorized regulations.
(2)The individual has filed a certificate, as required by Sections 2708 and 2709, or for purposes of participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States, has provided the information requested pursuant to Section 3307.
(c)The amendments made to this section by the act adding this subdivision shall become operative on February 1, 2025.
SEC. 6.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)(A)Another family member, as defined in Section 3302, is ready, willing, and able and is available for the same period of time in a day that the individual is providing the required care or participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(B)Subparagraph (A) shall not apply to periods of disability commencing on or after February 1, 2025.
(b)An individual who is entitled to leave under the FMLA and the CFRA shall take Family Temporary Disability Insurance (FTDI) leave concurrent with leave taken under the FMLA and the CFRA.
(c)(1)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 does not relieve an employer of any duty of collective bargaining the employer may have regarding the subject matter of this subdivision.
(2)Paragraph (1) shall not apply to periods of disability commencing on or after February 1, 2025.
(a)(1)In accordance with the directors authorized regulations, and except as provided in subdivision (c) and Sections 2708.1 and 2709, a claimant shall establish medical eligibility for each uninterrupted period of disability by filing a first claim for disability benefits supported by the certificate of a treating physician or practitioner that establishes the sickness, injury, or pregnancy of the employee, or the condition of the family member that warrants the care of the employee. For subsequent periods of uninterrupted disability after the period covered by the initial certificate or any preceding continued claim, a claimant shall file a continued claim for those benefits supported by the certificate of a treating physician or practitioner. A certificate filed to establish medical eligibility for the employees own sickness, injury, or pregnancy shall contain a diagnosis and diagnostic code prescribed in the International Classification of Diseases, or, if no diagnosis has yet been obtained, a detailed statement of symptoms.
(2)A certificate filed to establish medical eligibility of the employees own sickness, injury, or pregnancy shall also contain a statement of medical facts, including secondary diagnoses when applicable, within the physicians or practitioners knowledge, based on a physical examination and a documented medical history of the claimant by the physician or practitioner, indicating the physicians or practitioners conclusion as to the claimants disability, and a statement of the physicians or practitioners opinion as to the expected duration of the disability.
(b)An employee shall be required to file a certificate to establish eligibility when taking leave to care for a family member with a serious health condition. The certificate shall be developed by the department. In order to establish medical eligibility of the serious health condition of the family member that warrants the care of the employee, the information shall be within the physicians or practitioners knowledge and shall be based on a physical examination and documented medical history of the family member and shall contain all of the following:
(1)A diagnosis and diagnostic code prescribed in the International Classification of Diseases, or, if no diagnosis has yet been obtained, a detailed statement of symptoms.
(2)The date, if known, on which the condition commenced.
(3)The probable duration of the condition.
(4)An estimate of the amount of time that the physician or practitioner believes the employee needs to care for the child, parent, grandparent, grandchild, sibling, spouse, or domestic partner.
(5)(A)A statement that the serious health condition warrants the participation of the employee to provide care for his or her their child, parent, grandparent, grandchild, sibling, spouse, or domestic partner.
(B)Warrants the participation of the employee includes, but is not limited to, providing psychological comfort, and arranging third party care for the child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as well as directly providing, or participating in, the medical care.
(c)The department shall develop a certification form for bonding that is separate and distinct from the certificate required in subdivision (a) for an employee taking leave to bond with a minor child within the first year of the childs birth or placement one year of the childs birth, placement of the child in connection with foster care or adoption. adoption, or an individuals assumption of responsibilities for the child in loco parentis.
(d)The first and any continuing claim of an individual who obtains care and treatment outside this state shall be supported by a certificate of a treating physician or practitioner duly licensed or certified by the state or foreign country in which the claimant is receiving the care and treatment. If a physician or practitioner licensed by and practicing in a foreign country is under investigation by the department for filing false claims and the department does not have legal remedies to conduct a criminal investigation or prosecution in that country, the department may suspend the processing of all further certifications until the physician or practitioner fully cooperates, and continues to cooperate, with the investigation. A physician or practitioner licensed by, and practicing in, a foreign country who has been convicted of filing false claims with the department may not file a certificate in support of a claim for disability benefits for a period of five years.
(e)For purposes of this part:
(1)Physician has the same meaning as defined in Section 3209.3 of the Labor Code.
(2)(A)Practitioner means a person duly licensed or certified in California acting within the scope of his or her their license or certification who is a dentist, podiatrist, or a nurse practitioner, and in the case of a nurse practitioner, after performance of a physical examination by a nurse practitioner and collaboration with a physician and surgeon, or as to normal pregnancy or childbirth, a midwife or nurse midwife, or nurse practitioner.
(B)Practitioner also means a physician assistant who has performed a physical examination under the supervision of a physician and surgeon. Funds appropriated to cover the costs required to implement this subparagraph shall come from the Unemployment Compensation Disability Fund. This subparagraph shall be implemented on or before January 1, 2017.
(f)For a claimant who is hospitalized in or under the authority of a county hospital in this state, a certificate of initial and continuing medical disability, if any, shall satisfy the requirements of this section if the disability is shown by the claimants hospital chart, and the certificate is signed by the hospitals registrar. For a claimant hospitalized in or under the care of a medical facility of the United States government, a certificate of initial and continuing medical disability, if any, shall satisfy the requirements of this section if the disability is shown by the claimants hospital chart, and the certificate is signed by a medical officer of the facility duly authorized to do so.
(g)Nothing in this section shall be construed to This section does not preclude the department from requesting additional medical evidence to supplement the first or any continued claim if the additional evidence can be procured without additional cost to the claimant. The department may require that the additional evidence include any or all of the following:
(1)Identification of diagnoses.
(2)Identification of symptoms.
(3)A statement setting forth the facts of the claimants disability. The statement shall be completed by any of the following individuals:
(A)The physician or practitioner treating the claimant.
(B)The registrar, authorized medical officer, or other duly authorized official of the hospital or health facility treating the claimant.
(C)An examining physician or other representative of the department.
(h)This section shall become operative on July 1, 2014.SECTION 1.SEC. 2.Section 3301 of the Unemployment Insurance Code is amended to read:3301.(a)(1)The purpose of this chapter is to establish, within the state disability insurance program, a family temporary disability insurance program. Family temporary disability insurance shall provide up to eight weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, grandparent, grandchild, sibling, or domestic partner, to bond with a minor child within one year of the birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for a child in loco parentis, or to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(2)This chapter does not abridge the rights and responsibilities conveyed under the CFRA or pregnancy disability leave.
(b)(1)An individuals weekly benefit amount for periods of disability commencing before January 1, 2025, shall be the amount provided in Section 2655, and for periods of disability commencing on or after January 1, 2025, shall be the amount provided in paragraph (2). An individual is eligible to receive family temporary disability insurance benefits equal to one-seventh of the individuals weekly benefit amount for each full day during which the individual is unable to work due to caring for a seriously ill or injured family member, bonding with a minor child within one year of the birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for a child in loco parentis, or participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(2)For periods of disability commencing on or after January 1, 2025, the weekly benefit amount shall be as follows:
(A)When the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest is less than seven hundred twenty-two dollars and fifty cents ($722.50), then fifty dollars ($50).
(B)When the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest is more than 70 percent of the state average quarterly wage, the weekly benefit amount shall be equal to the greater of 70 percent of the wages paid to an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest, divided by 13, but not exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code, or 63 percent of the state average weekly wage.
(C)When the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest is seven hundred twenty-two dollars and fifty cents ($722.50) or more, but 70 percent or less than the state average quarterly wage, then the weekly benefit amount shall be equal to 90 percent of the wages paid to an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest, divided by 13, but not exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code.
(3)For purposes of this subdivision, state average weekly wage and state average quarterly wage have the same meanings as defined in subdivision (g) of Section 2655.
(c)The maximum amount payable to an individual during any disability benefit period for family temporary disability insurance shall be eight times the individuals weekly benefit amount, but in no case shall the total amount of benefits payable be more than the total wages paid to the individual during the individuals disability base period. If the benefit is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1).
(d)No more than eight weeks of family temporary disability insurance benefits shall be paid within any 12-month period.
(e)An individual shall file a claim for family temporary disability insurance benefits not later than the 41st consecutive day following the first compensable day with respect to which the claim is made for benefits, which time shall be extended by the department upon a showing of good cause. If a first claim is not complete, the claim form shall be returned to the claimant for completion and it shall be completed and returned not later than the 10th consecutive day after the date it was mailed by the department to the claimant, except that such time shall be extended by the department upon a showing of good cause.
SEC. 2.SEC. 3.Section 3302 of the Unemployment Insurance Code is amended to read:3302.For purposes of this part:
(a)Care recipient means the family member who is receiving care for a serious health condition or the new child with whom the care provider is bonding. For the purposes of a qualifying exigency as set forth in Section 3302.2, care recipient also includes the military member, or child or parent of the military member, who is receiving assistance, or the employee who is participating in a qualifying exigency.
(b)Care provider means the family member who is providing the required care for a serious health condition; the family member who is bonding with the new child; or the employee who is participating in a qualifying exigency as provided in Section 3302.2.
(c)Child means a biological, adopted, or foster son or daughter, a stepson or stepdaughter, a legal ward, a son or daughter of a domestic partner, or the person to whom the employee stands in loco parentis.
(d)Domestic partner has the same meaning as defined in Section 297 of the Family Code.
(e)Family care leave means any of the following:
(1)Leave to bond with a minor child within the first year of the childs birth, placement in connection with foster care or adoption, or an individuals assumption of responsibilities for a child in loco parentis.
(2)Leave to care for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner who has a serious health condition.
(3)Leave to participate in a qualifying exigency as provided in Section 3302.2.
(f)Family member means child, parent, grandparent, grandchild, sibling, spouse, or domestic partner as defined in this section.
(g)Grandchild means a child of the employees child.
(h)Grandparent means a parent of the employees parent.
(i)In loco parentis has the same meaning as that term is defined in Section 3302-1 of Title 22 of the California Code of Regulations.
(j)Military member means a child, spouse, domestic partner, or parent of the employee, where the military member is on covered active duty or call to active duty in the Armed Forces of the United States as defined in subdivision (a) of Section 3302.1
(k)Parent means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child.
(l)Parent-in-law means the parent of a spouse or a domestic partner.
(m)Serious health condition means an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential health care facility, or continuing treatment or continuing supervision by a health care provider, as defined in Section 12945.2 of the Government Code.
(n)Sibling means a person related to another person by blood, adoption, or affinity through a common legal or biological parent.
(o)Spouse means a partner to a lawful marriage.
(p)Valid claim means any claim for family temporary disability insurance benefits made in accordance with the provisions of this code, and any rules and regulations adopted thereunder, if the individual claiming benefits is unemployed and has been paid the necessary wages in employment for employers to qualify for benefits under Section 2652 and is caring for a seriously ill family member, or bonding with a minor child during the first year after the birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for a child in loco parentis.
(q)Twelve-month period, with respect to any individual, means the 365 consecutive days that begin with the first day the individual first establishes a valid claim for family temporary disability benefits.
SEC. 3.SEC. 4.Section 3302.1 of the Unemployment Insurance Code is amended to read:3302.1.For purposes of this chapter, the following definitions apply:
(a)Covered active duty means, with respect to a member of the regular Armed Forces of the United States, duty during the deployment of the member with the regular armed forces to a foreign country and, with respect to a member of the reserve components of the Armed Forces of the United States, duty during the deployment of the member of those reserve components to a foreign country under a federal call or order to active duty.
(b)Disability benefit period with respect to any individual, means the period of unemployment beginning with the first day an individual establishes a valid claim for family temporary disability insurance benefits to care for a seriously ill family member, to bond with a minor child during the first year after the birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for a child in loco parentis, or to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(1)Periods of family care leave for the same care recipient within a 12-month period shall be considered one disability benefit period.
(2)Periods of disability for pregnancy, as defined in Section 2608, and periods of family care leave for bonding associated with the birth of that child shall be considered one disability benefit period.
SEC. 4.SEC. 5.Section 3303 of the Unemployment Insurance Code is amended to read:3303.(a)Only if the director makes both of the findings described in subdivision (b), an individual shall be deemed eligible for family temporary disability insurance benefits equal to one-seventh of their weekly benefit amount on any day in which they are unable to perform their regular or customary work because of any of the following:
(1)The individual is bonding with a minor child during the first year after the birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for a child in loco parentis.
(2)The individual is caring for a seriously ill child, parent, grandparent, grandchild, sibling, spouse, or domestic partner.
(3)The individual is participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(b)An individual shall be deemed eligible for family temporary disability insurance benefits described in subdivision (a) only if the directors finds both of the following:
(1)The individual has made a claim for temporary disability benefits as required by authorized regulations.
(2)The individual has filed a certificate, as required by Sections 2708 and 2709, or for purposes of participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States, has provided the information requested pursuant to Section 3307.
SEC. 5.SEC. 6.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.
(b)An individual who is entitled to leave under the FMLA and the CFRA shall take Family Temporary Disability Insurance (FTDI) leave concurrent with leave taken under the FMLA and the CFRA.
(a)(1)The purpose of this chapter is to establish, within the state disability insurance program, a family temporary disability insurance program. Family temporary disability insurance shall provide up to eight weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, grandparent, grandchild, sibling, or domestic partner, to bond with a minor child within one year of the birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for a child in loco parentis, or to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(2)This chapter does not abridge the rights and responsibilities conveyed under the CFRA or pregnancy disability leave.
(b)(1)An individuals weekly benefit amount for periods of disability commencing before January 1, 2025, shall be the amount provided in Section 2655, and for periods of disability commencing on or after January 1, 2025, shall be the amount provided in paragraph (2). An individual is eligible to receive family temporary disability insurance benefits equal to one-seventh of the individuals weekly benefit amount for each full day during which the individual is unable to work due to caring for a seriously ill or injured family member, bonding with a minor child within one year of the birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for a child in loco parentis, or participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(2)For periods of disability commencing on or after January 1, 2025, the weekly benefit amount shall be as follows:
(A)When the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest is less than seven hundred twenty-two dollars and fifty cents ($722.50), then fifty dollars ($50).
(B)When the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest is more than 70 percent of the state average quarterly wage, the weekly benefit amount shall be equal to the greater of 70 percent of the wages paid to an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest, divided by 13, but not exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code, or 63 percent of the state average weekly wage.
(C)When the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest is seven hundred twenty-two dollars and fifty cents ($722.50) or more, but 70 percent or less than the state average quarterly wage, then the weekly benefit amount shall be equal to 90 percent of the wages paid to an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest, divided by 13, but not exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code.
(3)For purposes of this subdivision, state average weekly wage and state average quarterly wage have the same meanings as defined in subdivision (g) of Section 2655.
(c)The maximum amount payable to an individual during any disability benefit period for family temporary disability insurance shall be eight times the individuals weekly benefit amount, but in no case shall the total amount of benefits payable be more than the total wages paid to the individual during the individuals disability base period. If the benefit is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1).
(d)No more than eight weeks of family temporary disability insurance benefits shall be paid within any 12-month period.
(e)An individual shall file a claim for family temporary disability insurance benefits not later than the 41st consecutive day following the first compensable day with respect to which the claim is made for benefits, which time shall be extended by the department upon a showing of good cause. If a first claim is not complete, the claim form shall be returned to the claimant for completion and it shall be completed and returned not later than the 10th consecutive day after the date it was mailed by the department to the claimant, except that such time shall be extended by the department upon a showing of good cause.
SEC. 2.Section 3302 of the Unemployment Insurance Code is amended to read:3302.For purposes of this part:
(a)Care recipient means the family member who is receiving care for a serious health condition or the new child with whom the care provider is bonding. For the purposes of a qualifying exigency as set forth in Section 3302.2, care recipient also includes the military member, or child or parent of the military member, who is receiving assistance, or the employee who is participating in a qualifying exigency.
(b)Care provider means the family member who is providing the required care for a serious health condition; the family member who is bonding with the new child; or the employee who is participating in a qualifying exigency as provided in Section 3302.2.
(c)Child means a biological, adopted, or foster son or daughter, a stepson or stepdaughter, a legal ward, a son or daughter of a domestic partner, or the person to whom the employee stands in loco parentis.
(d)Domestic partner has the same meaning as defined in Section 297 of the Family Code.
(e)Family care leave means any of the following:
(1)Leave to bond with a minor child within the first year of the childs birth, placement in connection with foster care or adoption, or an individuals assumption of responsibilities for a child in loco parentis.
(2)Leave to care for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner who has a serious health condition.
(3)Leave to participate in a qualifying exigency as provided in Section 3302.2.
(f)Family member means child, parent, grandparent, grandchild, sibling, spouse, or domestic partner as defined in this section.
(g)Grandchild means a child of the employees child.
(h)Grandparent means a parent of the employees parent.
(i)In loco parentis has the same meaning as that term is defined in Section 3302-1 of Title 22 of the California Code of Regulations.
(i)(j)Military member means a child, spouse, domestic partner, or parent of the employee, where the military member is on covered active duty or call to active duty in the Armed Forces of the United States as defined in subdivision (a) of Section 3302.1
(j)(k)Parent means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child.
(k)(l)Parent-in-law means the parent of a spouse or a domestic partner.
(l)(m)Serious health condition means an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential health care facility, or continuing treatment or continuing supervision by a health care provider, as defined in Section 12945.2 of the Government Code.
(m)(n)Sibling means a person related to another person by blood, adoption, or affinity through a common legal or biological parent.
(n)(o)Spouse means a partner to a lawful marriage.
(o)(p)Valid claim means any claim for family temporary disability insurance benefits made in accordance with the provisions of this code, and any rules and regulations adopted thereunder, if the individual claiming benefits is unemployed and has been paid the necessary wages in employment for employers to qualify for benefits under Section 2652 and is caring for a seriously ill family member, or bonding with a minor child during the first year after the birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for a child in loco parentis.
(p)(q)Twelve-month period, with respect to any individual, means the 365 consecutive days that begin with the first day the individual first establishes a valid claim for family temporary disability benefits.
SEC. 3.Section 3302.1 of the Unemployment Insurance Code is amended to read:3302.1.For purposes of this chapter, the following definitions apply:
(a)Covered active duty means, with respect to a member of the regular Armed Forces of the United States, duty during the deployment of the member with the regular armed forces to a foreign country and, with respect to a member of the reserve components of the Armed Forces of the United States, duty during the deployment of the member of those reserve components to a foreign country under a federal call or order to active duty.
(b)Disability benefit period with respect to any individual, means the period of unemployment beginning with the first day an individual establishes a valid claim for family temporary disability insurance benefits to care for a seriously ill family member, to bond with a minor child during the first year after the birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for a child in loco parentis, or to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(1)Periods of family care leave for the same care recipient within a 12-month period shall be considered one disability benefit period.
(2)Periods of disability for pregnancy, as defined in Section 2608, and periods of family care leave for bonding associated with the birth of that child shall be considered one disability benefit period.
SEC. 4.Section 3303 of the Unemployment Insurance Code is amended to read:3303.(a)Only if the director makes both of the findings described in subdivision (b), an individual shall be deemed eligible for family temporary disability insurance benefits equal to one-seventh of their weekly benefit amount on any day in which they are unable to perform their regular or customary work because of any of the following:
(1)The individual is bonding with a minor child during the first year after the birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for a child in loco parentis.
(2)The individual is caring for a seriously ill child, parent, grandparent, grandchild, sibling, spouse, or domestic partner.
(3)The individual is participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(b)An individual shall be deemed eligible for family temporary disability insurance benefits described in subdivision (a) only if the directors finds both of the following:
(1)The individual has made a claim for temporary disability benefits as required by authorized regulations.
(2)The individual has filed a certificate, as required by Sections 2708 and 2709, or for purposes of participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States, has provided the information requested pursuant to Section 3307.
SEC. 5.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.
(b)An individual who is entitled to leave under the FMLA and the CFRA shall take Family Temporary Disability Insurance (FTDI) leave concurrent with leave taken under the FMLA and the CFRA.
(a)(1)The purpose of this chapter is to establish, within the state disability insurance program, a family temporary disability insurance program. Family temporary disability insurance shall provide up to eight weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, grandparent, grandchild, sibling, or domestic partner, to bond with a minor child within one year of the birth or birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for a child in loco parentis, or to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(2)Nothing in this chapter shall be construed to This chapter does not abridge the rights and responsibilities conveyed under the CFRA or pregnancy disability leave.
(b)(1)An individuals weekly benefit amount for periods of disability commencing before January 1, 2025, shall be the amount provided in Section 2655, and for periods of disability commencing on or after January 1, 2025, shall be the amount provided in paragraph (2). An individual is eligible to receive family temporary disability insurance benefits equal to one-seventh of the individuals weekly benefit amount for each full day during which the individual is unable to work due to caring for a seriously ill or injured family member, bonding with a minor child within one year of the birth or birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for a child in loco parentis, or participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(2)For periods of disability commencing on or after January 1, 2025, the weekly benefit amount shall be as follows:
(A)When the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest is less than seven hundred twenty-two dollars and fifty cents ($722.50), then fifty dollars ($50).
(B)When the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest is more than 70 percent of the state average quarterly wage, the weekly benefit amount shall be equal to the greater of 70 percent of the wages paid to an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest, divided by 13, but not exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code, or 63 percent of the state average weekly wage.
(C)When the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest is seven hundred twenty-two dollars and fifty cents ($722.50) or more, but 70 percent or less than the state average quarterly wage, then the weekly benefit amount shall be equal to 90 percent of the wages paid to an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest, divided by 13, but not exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code.
(3)For purposes of this subdivision, state average weekly wage and state average quarterly wage have the same meanings as defined in subdivision (g) of Section 2655.
(c)The maximum amount payable to an individual during any disability benefit period for family temporary disability insurance shall be eight times the individuals weekly benefit amount, but in no case shall the total amount of benefits payable be more than the total wages paid to the individual during the individuals disability base period. If the benefit is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1).
(d)No more than eight weeks of family temporary disability insurance benefits shall be paid within any 12-month period.
(e)An individual shall file a claim for family temporary disability insurance benefits not later than the 41st consecutive day following the first compensable day with respect to which the claim is made for benefits, which time shall be extended by the department upon a showing of good cause. If a first claim is not complete, the claim form shall be returned to the claimant for completion and it shall be completed and returned not later than the 10th consecutive day after the date it was mailed by the department to the claimant, except that such time shall be extended by the department upon a showing of good cause.
SEC. 2.Section 3302 of the Unemployment Insurance Code is amended to read:3302.On and after July 1, 2014, for For purposes of this part:
(a)Care recipient means the family member who is receiving care for a serious health condition or the new child with whom the care provider is bonding. For the purposes of a qualifying exigency as set forth in Section 3302.2, care recipient also includes the military member, or child or parent of the military member, who is receiving assistance, or the employee who is participating in a qualifying exigency.
(b)Care provider means the family member who is providing the required care for a serious health condition; the family member who is bonding with the new child; or the employee who is participating in a qualifying exigency as provided in Section 3302.2.
(c)Child means a biological, adopted, or foster son or daughter, a stepson or stepdaughter, a legal ward, a son or daughter of a domestic partner, or the person to whom the employee stands in loco parentis.
(d)Domestic partner has the same meaning as defined in Section 297 of the Family Code.
(e)Family care leave means any of the following:
(1)Leave to bond with a minor child within the first year of the childs birth or birth, placement in connection with foster care or adoption. adoption, or an individuals assumption of responsibilities for a child in loco parentis.
(2)Leave to care for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner who has a serious health condition.
(3)Leave to participate in a qualifying exigency as provided in Section 3302.2.
(f)Family member means child, parent, grandparent, grandchild, sibling, spouse, or domestic partner as defined in this section.
(g)Grandchild means a child of the employees child.
(h)Grandparent means a parent of the employees parent.
(i)Military member means a child, spouse, domestic partner, or parent of the employee, where the military member is on covered active duty or call to active duty in the Armed Forces of the United States as defined in subdivision (a) of Section 3302.1
(j)Parent means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child.
(k)Parent-in-law means the parent of a spouse or a domestic partner.
(l)Serious health condition means an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential health care facility, or continuing treatment or continuing supervision by a health care provider, as defined in Section 12945.2 of the Government Code.
(m)Sibling means a person related to another person by blood, adoption, or affinity through a common legal or biological parent.
(n)Spouse means a partner to a lawful marriage.
(o)Valid claim means any claim for family temporary disability insurance benefits made in accordance with the provisions of this code, and any rules and regulations adopted thereunder, if the individual claiming benefits is unemployed and has been paid the necessary wages in employment for employers to qualify for benefits under Section 2652 and is caring for a seriously ill family member, or bonding with a minor child during the first year after the birth or birth, placement of the child in connection with foster care or adoption. adoption, or an individuals assumption of responsibilities for a child in loco parentis.
(p)Twelve-month period, with respect to any individual, means the 365 consecutive days that begin with the first day the individual first establishes a valid claim for family temporary disability benefits.
SECTION 1.SEC. 3.Section 3302.1 of the Unemployment Insurance Code is amended to read:3302.1.(a)For purposes of this chapter, the following definitions apply:
(1)(a)Covered active duty means, with respect to a member of the regular Armed Forces of the United States, duty during the deployment of the member with the regular armed forces to a foreign country and, with respect to a member of the reserve components of the Armed Forces of the United States, duty during the deployment of the member of those reserve components to a foreign country under a federal call or order to active duty.
(2)(b)Disability benefit period with respect to any individual, means the period of unemployment beginning with the first day an individual establishes a valid claim for family temporary disability insurance benefits to care for a seriously ill family member, to bond with a minor child during the first year after the birth or birth, placement of the child in connection with foster care or adoption, or an individuals assumption of responsibilities for a child in loco parentis, or to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(A)(1)Periods of family care leave for the same care recipient within a 12-month period shall be considered one disability benefit period.
(B)(2)Periods of disability for pregnancy, as defined in Section 2608, and periods of family care leave for bonding associated with the birth of that child shall be considered one disability benefit period.
(b)This section shall become operative on January 1, 2021.SEC. 4.Section 3303 of the Unemployment Insurance Code is amended to read:3303.(a)On and after July 1, 2014, only Only if the director makes both of the findings described in subdivision (b), an individual shall be deemed eligible for family temporary disability insurance benefits equal to one-seventh of his or her their weekly benefit amount on any day in which he or she is they are unable to perform his or her their regular or customary work because of any of the following:
(1)The individual is bonding with a minor child during the first year after the birth or birth, placement of the child in connection with foster care or adoption. adoption, or an individuals assumption of responsibilities for a child in loco parentis.
(2)The individual is caring for a seriously ill child, parent, grandparent, grandchild, sibling, spouse, or domestic partner.
(3)The individual is participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(b)An individual shall be deemed eligible for family temporary disability insurance benefits described in subdivision (a) only if the directors finds both of the following:
(1)The individual has made a claim for temporary disability benefits as required by authorized regulations.
(2)The individual has filed a certificate, as required by Sections 2708 and 2709, or for purposes of participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States, has provided the information requested pursuant to Section 3307.
(c)This section shall become operative on January 1, 2021.SEC. 5.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 or participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.(b)An individual who is entitled to leave under the FMLA and the CFRA shall 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.(d)This section shall become operative on January 1, 2021. REVISIONS: HeadingLine 2.(a)For purposes of this chapter: chapter, the following definitions apply:
(1)Covered active duty means, with respect to a member of the regular Armed Forces of the United States, duty during the deployment of the member with the regular armed forces to a foreign country and, with respect to a member of the reserve components of the Armed Forces of the United States, duty during the deployment of the member of those reserve components to a foreign country under a federal call or order to active duty.
(2)Disability benefit period with respect to any individual, means the period of unemployment beginning with the first day an individual establishes a valid claim for family temporary disability insurance benefits to care for a seriously ill family member, to bond with a minor child during the first year after the birth or placement of the child in connection with foster care or adoption, or to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(A)Periods of family care leave for the same care recipient within a 12-month period shall be considered one disability benefit period.
(B)Periods of disability for pregnancy, as defined in Section 2608, and periods of family care leave for bonding associated with the birth of that child shall be considered one disability benefit period.
(b)This section shall become operative on January 1, 2021.
|
Date
|
Status
|
|---|---|
| Feb 1, 2024 | Consideration of Governor's veto stricken from file. |
| Jan 3, 2024 | Consideration of Governor's veto pending. |
| Oct 8, 2023 | Vetoed by Governor. |
| Sep 20, 2023 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 13, 2023 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 3418.). |
| Sep 12, 2023 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 12, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2661.). |
| Sep 11, 2023 | Read second time. Ordered to third reading. |
| Sep 8, 2023 | Read third time and amended. Ordered to second reading. |
| Sep 5, 2023 | Read second time. Ordered to third reading. |
| Sep 1, 2023 | Read second time and amended. Ordered returned to second reading. |
| Sep 1, 2023 | From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (September 1). |
| Aug 21, 2023 | In committee: Referred to APPR suspense file. |
| Aug 14, 2023 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. |
| Aug 2, 2023 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jul 10, 2023 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 6, 2023 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 28). |
| Jun 14, 2023 | Referred to Com. on L., P.E. & R. |
| Jun 1, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 31, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 2060.) |
| May 18, 2023 | Read second time. Ordered to third reading. |
| May 18, 2023 | From committee: Do pass. (Ayes 15. Noes 0.) (May 18). |
| Apr 26, 2023 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 12, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (April 12). Re-referred to Com. on APPR. |
| Apr 12, 2023 | Coauthors revised. |
| Mar 13, 2023 | Re-referred to Com. on INS. |
| Mar 9, 2023 | Referred to Com. on INS. |
| Mar 9, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on INS. Read second time and amended. |
| Feb 9, 2023 | From printer. May be heard in committee March 11. |
| Feb 8, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 13, 2023 | AB 575 Papan Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 12, 2023 | Assembly 3rd Reading AB575 Papan et al. By Ashby | Senate Floor |
Passed |
|
| Sep 1, 2023 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 21, 2023 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 28, 2023 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Labor, Public Employment and Retirement |
Passed |
|
| May 31, 2023 | AB 575 Papan Assembly Third Reading | Assembly Floor |
Passed |
|
| May 18, 2023 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 12, 2023 | Do pass and be re-referred to the Committee on [Appropriations] | 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
|
|---|---|---|
| AARP California | ** Support | |
| California Association of Pyschiatric Technicians | * Support | Jun 28, 2023 |
| California Breastfeeding Coalition | ** Support | |
| California Coalition on Family Caregiving | ** Support | |
| California Domestic Workers Coalition | ** Support | |
| California Employment Lawyers Association | ** Support | |
| California Immigrant Policy Center | ** Support | |
| California Labor Federation | * Support | Jun 28, 2023 |
| California Nurse Midwives Association | * Support | Jun 28, 2023 |
| California Partnership | * Support | Jun 28, 2023 |
| California Teachers Association | ** Support | |
| California Wic Association | ** Support | |
| California Women's Law Center | ** Support | |
| California Work & Family Coalition | ** Support | |
| Caring Across Generations | ** Support | |
| Center for Law and Social Policy | ** Support | |
| Centro Legal de la Raza | ** Support | |
| Child Care Law Center | ** Support | |
| Children Now | ** Support | |
| Childrens Partnership | * Support | Jun 28, 2023 |
| Citizens for Choice | ** Support | |
| Clean Earth 4 Kids | * Support | Aug 21, 2023 |
| Colage | ** Support | |
| Consumer Attorneys Of California | ** Support | |
| Disability Rights California | * Support | Apr 12, 2023 |
| Equal Rights Advocates | ** Support | |
| Family Caregiver Alliance | ** Support | |
| Family Values @ Work | ** Support | |
| Family Violence Appellate Project | ** Support | |
| Friends Committee on Legislative of California | * Support | Apr 12, 2023 |
| Futures Without Violence | ** Support | |
| GRACE - End Child Poverty in California | ** Support | |
| Human Impact Partners | ** Support | |
| Instituto de Educacion Popular del Sur de California | ** Support | |
| Jtmw LLC | ** Support | |
| Justice in Aging | ** Support | |
| Legal Aid At Work | ** Support | |
| Los Angeles Area Chamber Of Commerce | ** Support | |
| Mujeres Unidas Y Activas | ** Support | |
| NARAL Pro-Choice California | ** Support | |
| National Council Of Jewish Women Los Angeles | ** Support | |
| National Domestic Workers Alliance | ** Support | |
| Orange County Equality Coalition | ** Support | |
| Our Family Coalition | ** Support | |
| Parent Voices California | ** Support | |
| Precision Advocacy Group | * Support | Aug 21, 2023 |
| Public Counsel | ** Support | |
| Rising Communities | ** Support | |
| San Diego County Breastfeeding Coalition | ** Support | |
| Small Business Majority | ** Support | |
| Thai Community Development Center | ** Support | |
| The Restaurant Opportunity Center of The Bay | ** Support | |
| UFCW - Western States Council | ** Support | |
| Warehouse Worker Resource Center | ** Support | |
| Watsonville Law Center | ** Support | |
| Women Organized to Make Abuse Non-existent | ** Support | |
| Working Partnerships USA | ** Support | |
| Worksafe | ** Support |
GOVERNOR'S VETO
GV Bill Id:AB 575
Author:(Papan)
As Enrolled Ver:September 18, 2023
2/3 vote
SUMMARY
Makes several changes to how individuals can access benefits under the state Paid Family Leave (PFL) program.
Senate Amendments
- Define "in loco parentis" as having the same meaning as defined in Section 3302-1 of Title 22 of the California Code of Regulations.
- Require the Employment Development Department to develop certification forms necessary for individual's assuming responsibilities for a child in loco parentis to claim PFL benefits.
- Provide that the provisions of this bill shall become operative on February 1, 2025.
- Make other technical and conforming changes.
- Include double jointing language to avoid chaptering out conflicts with AB 518 (Wicks) and SB 667 (Dodd), both of the current legislative session.
Governor's Veto Message
This bill would expand eligibility for Paid Family Leave (PFL) benefits to include workers who take time off from work to bond with a child for whom they are acting in loco parentis. The bill also removes the restriction that only one family member at a time is allowed to access PFL benefits and also removes the provision that allows an employer to require an employee to use up to two weeks of vacation time before they can access PFL benefits.
I am a strong advocate for and believe in supporting individuals to care for family members or bond with a new child and have worked to expand access to the Disability Insurance (DI) and PFL programs. In 2019, I signed SB 83 which extended the maximum duration of PFL benefits from six to eight weeks. And in 2022, I signed SB 951, which, beginning in 2025, will permanently increase the wage replacement rate for these programs to 70-90 percent based on the individual's wages. This is significant progress, and I am proud of the advancements we have made in collaboration with the Legislature. This bill, however, would create pressure on the DI Trust Fund's solvency and adequacy resulting in higher disability contributions paid by employees. In addition, it contains implementation costs not accounted for in the annual budget process.
In partnership with the Legislature, we enacted a budget that closed a shortfall of more than $30 billion through balanced solutions that avoided deep program cuts and protected education, health care, climate, public safety, and social service programs that are relied on by millions of Californians. This year, however, the Legislature sent me bills outside of this budget process that, if all enacted, would add nearly $19 billion of unaccounted costs in the budget, of which $11 billion would be ongoing.
With our state facing continuing economic risk and revenue uncertainty, it is important to remain disciplined in considering bills with significant fiscal implications, such as this measure.
COMMENTS
PFL was enacted in 2002 as an expansion to the State Disability Insurance (SDI) program 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. PFL benefits are funded by employees through SDI contributions from their paychecks. PFL provides up to eight weeks of the 60% to 70% wage replacement. Starting January 1, 2025 workers will be eligible for 70% to 90% wage replacement. According to EDD's SDI Statistical Information, for the first six months of 2022 the average weekly benefit amount was $821.
This bill seeks to address limitations in the PFL program, including restrictions on when an individual can access PFL benefits to bond with a minor child, how many individuals can access PFL benefits to care for a family member, and requirements related to when an individual can first access PFL benefits.
Currently, individuals can only take time off to bond with a minor child upon birth, placement in foster care, or adoption. Therefore, when an individual assumes responsibility for a child without a former foster care placement or adoption they are not able to use PFL for purposes of bonding leave. This bill would address this issue by allowing an individual to bond with a minor child within one year of assuming responsibilities in loco parentis.
Additionally, only one family member at a time is currently allowed to access PFL benefits in order to care for an individual. This bill would remove the restriction that allows only one family member at a time to access PFL benefits.
Finally, an employer is currently allowed to require an employee to use two weeks of accrued vacation time before they can access PFL benefits. By deleting the provision allowing employers to require employees to use vacation leave before accessing PFL benefits, this bill leaves the decision of whether to use vacation benefits before accessing their PFL benefits entirely with the employee.
According to the Author
Over 20 years ago, California became the first state in the nation to enact a paid family leave program. California Paid Family Leave (PFL) provides workers with partial wage replacement when they take leave from work to provide care for a family member in specific circumstances. While California has led the nation in implementing paid family leave and has taken meaningful steps to make the program more equitable, workers still face barriers in accessing the PFL benefits that they contribute to. Assembly Bill (AB) 575 will remove unnecessary barriers for individuals seeking to access their paid family leave benefits and better enable them to be there for children in times of transition and hardship. These updates will allow workers to access the support they need without placing any additional requirements on California employers.
Arguments in Support
According to Legal Aid at Work, the sponsor of this bill, would remove "unnecessary hurdles to accessing California's Paid Family Leave program… mak[ing] it easier for more family caregivers, especially low wage workers, to take time to support and care for their families."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to Senate Appropriations Committee:
- The Employment Development Department would incur one-time costs of $3.1 million, and $500,000 annually, to update documents and automated information technology systems used to administer PFL benefits (Unemployment Compensation Disability Fund (UCDF).
- Assuming a 10 percent increase in PFL care-related claims, EDD estimates that this bill would result in additional benefits paid of approximately $208 million in 2024, $257 million in 2025, and $277 million in 2026, and $293 million in 2027, when compared to current benefit projections.
VOTES
ASM INSURANCE: 13-0-1
YES: Calderon, Essayli, Berman, Cervantes, Chen, Vince Fong, Gipson, Grayson, Jones-Sawyer, Ortega, Rodriguez, Valencia, Wood
ABS, ABST OR NV: Soria
ASM APPROPRIATIONS: 15-0-1
YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Weber, Ortega
ABS, ABST OR NV: Robert Rivas
ASSEMBLY FLOOR: 79-0-1
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
ABS, ABST OR NV: Dixon
SENATE FLOOR: 38-0-2
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood‑Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Caballero, Grove
ASSEMBLY FLOOR: 80-0-0
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
UPDATED
VERSION: September 18, 2023
CONSULTANT: Claire Wendt / INS. / (916) 319-2086 FN: 0002497
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 575
Author:(Papan)
As Amended Ver:September 8, 2023
Majority vote
SUMMARY
Makes several changes to how individuals can access benefits under the state Paid Family Leave (PFL) program.
Senate Amendments
- Define "in loco parentis" as having the same meaning as defined in Section 3302-1 of Title 22 of the California Code of Regulations.
- Require the Employment Development Department to develop certification forms necessary for individual's assuming responsibilities for a child in loco parentis to claim PFL benefits.
- Provide that the provisions of this bill shall become operative on February 1, 2025.
- Make other technical and conforming changes.
- Include double jointing language to avoid chaptering out conflicts with AB 518 (Wicks) and SB 667 (Dodd), both of the current legislative session.
COMMENTS
PFL was enacted in 2002 as an expansion to the State Disability Insurance (SDI) program 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. PFL benefits are funded by employees through SDI contributions from their paychecks. PFL provides up to eight weeks of the 60% to 70% wage replacement. Starting January 1, 2025 workers will be eligible for 70% to 90% wage replacement. According to EDD's SDI Statistical Information, for the first six months of 2022 the average weekly benefit amount was $821.
This bill seeks to address limitations in the PFL program, including restrictions on when an individual can access PFL benefits to bond with a minor child, how many individuals can access PFL benefits to care for a family member, and requirements related to when an individual can first access PFL benefits.
Currently, individuals can only take time off to bond with a minor child upon birth, placement in foster care, or adoption. Therefore, when an individual assumes responsibility for a child without a former foster care placement or adoption they are not able to use PFL for purposes of bonding leave. This bill would address this issue by allowing an individual to bond with a minor child within one year of assuming responsibilities in loco parentis.
Additionally, only one family member at a time is currently allowed to access PFL benefits in order to care for an individual. This bill would remove the restriction that allows only one family member at a time to access PFL benefits.
Finally, an employer is currently allowed to require an employee to use two weeks of accrued vacation time before they can access PFL benefits. By deleting the provision allowing employers to require employees to use vacation leave before accessing PFL benefits, this bill leaves the decision of whether to use vacation benefits before accessing their PFL benefits entirely with the employee
According to the Author
Over 20 years ago, California became the first state in the nation to enact a paid family leave program. California Paid Family Leave (PFL) provides workers with partial wage replacement when they take leave from work to provide care for a family member in specific circumstances. While California has led the nation in implementing paid family leave and has taken meaningful steps to make the program more equitable, workers still face barriers in accessing the PFL benefits that they contribute to. Assembly Bill (AB) 575 will remove unnecessary barriers for individuals seeking to access their paid family leave benefits and better enable them to be there for children in times of transition and hardship. These updates will allow workers to access the support they need without placing any additional requirements on California employers.
Arguments in Support
According to Legal Aid at Work, the sponsor of this bill, would remove "unnecessary hurdles to accessing California's Paid Family Leave program… mak[ing] it easier for more family caregivers, especially low wage workers, to take time to support and care for their families."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to Senate Appropriations Committee:
- The Employment Development Department would incur one-time costs of $3.1 million, and $500,000 annually, to update documents and automated information technology systems used to administer PFL benefits (Unemployment Compensation Disability Fund (UCDF).
- Assuming a 10 percent increase in PFL care-related claims, EDD estimates that this bill would result in additional benefits paid of approximately $208 million in 2024, $257 million in 2025, and $277 million in 2026, and $293 million in 2027, when compared to current benefit projections.
VOTES:
ASM INSURANCE: 13-0-1
YES: Calderon, Essayli, Berman, Cervantes, Chen, Vince Fong, Gipson, Grayson, Jones‑Sawyer, Ortega, Rodriguez, Valencia, Wood
ABS, ABST OR NV: Soria
ASM APPROPRIATIONS: 15-0-1
YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Weber, Ortega
ABS, ABST OR NV: Robert Rivas
ASSEMBLY FLOOR: 79-0-1
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
ABS, ABST OR NV: Dixon
UPDATED
VERSION: September 8, 2023
CONSULTANT: Claire Wendt / INS. / (916) 319-2086 FN: 0002231
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 575 |
THIRD READING
Bill No: AB 575
Author: Papan (D), et al.
Amended: 9/8/23 in Senate
Vote: 21
SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 5-0, 6/28/23
AYES: Cortese, Wilk, Durazo, Laird, Smallwood-Cuevas
SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/23
AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener
ASSEMBLY FLOOR: 79-0, 5/31/23 - See last page for vote
SUBJECT: Paid family leave
SOURCE: Legal Aid at Work
DIGEST:
This bill, commencing on February 1, 2025, expands eligibility for the Paid Family Leave program to provide benefits to workers who take time off work to bond with a minor child within one year of assuming responsibilities of a child in loco parentis, as defined. Additionally, this bill deletes (1) the restriction in law specifying that an individual is not eligible for PFL benefits if another family member is ready, willing, and able and available to provide the required care, and (2) the authorization for an employer to require an employee to take two weeks of vacation leave before accessing PFL benefits that are funded by employees.
Senate Floor Amendments of 9/8/23 address chaptering out concerns by triple-jointing this bill (AB 575) with SB 667 and AB 518.
ANALYSIS:
Existing law:
- Establishes the Employment Development Department (EDD) to, among other duties, administer the Unemployment Insurance and Disability Insurance programs. (Unemployment Insurance Code §301)
- Establishes the State Disability Insurance (SDI) program as a partial wage-replacement plan funded through employee payroll deductions that is available (through the Disability Insurance and Paid Family Leave programs) to eligible individuals who are unable to work due to sickness or injury of the employee (including pregnancy), the sickness or injury of a family member, or the birth, adoption, or foster care placement of a new child. (Unemployment Insurance Code §2601-3308)
- Paid Family Leave (PFL) provides eligible employees up to eight weeks of wage replacement benefits within a 12-month period to workers who need to take time off work for the following reasons:
- To care for a seriously ill family member, as defined;
- To bond with a minor child within one year of the birth or placement of the child in connection with foster care or adoption;
- To participate in a qualifying event because of a family member’s military deployment. (Unemployment Insurance Code §3301)
- Defines, in PFL, “family member” to mean a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner. (Unemployment Insurance Code §3302)
- Provides that an individual is not eligible for PFL benefits if another family member is ready, willing, able, and available for the same period of time in a day to provide the required care. (Unemployment Insurance Code §3303.1)
- Allows an employer to require an employee to take up to two weeks of earned but unused vacation leave prior to the employee accessing PFL benefits. (Unemployment Insurance Code §3303.1)
- Defines “in loco parentis” to mean in the place of a parent; instead of a parent; charged with a parent's rights, duties, and responsibilities. It does not require a biological or legal relationship. (California Code of Regulations Title 2 §11087)
This bill:
- Expands, commencing on February 1, 2025, the Paid Family Leave program to allow individuals to access benefits for the purpose of bonding with a minor child within one year of assuming responsibilities of a child in loco parentis.
- Defines “in loco parentis” as having the same meaning as that term is defined in Section 3302-1 of Title 22 of the California Code of Regulations.
- For periods of disability commencing on or after February 1, 2025, deletes the restriction that an individual is not eligible for PFL benefits if another family member is ready, willing, and able and available for the same period of time in a day to provide the required care.
- For periods of disability commencing on or after February 1, 2025, deletes the authorization for an employer to require an employee to take two weeks of vacation leave before accessing PFL benefits.
- Requires the EDD to develop certification forms necessary for individual’s assuming responsibilities for a child in loco parentis to claim PFL benefits.
- Makes other technical gender non-conforming changes to existing provisions and deletes a now obsolete operative date.
- Includes provisions to address chaptering out concerns by triple-jointing this bill (AB 575) with SB 667 and AB 518. Specifically, the bill would:
- incorporate additional changes to Section 2708 of the Unemployment Insurance Code proposed by SB 667 to be operative only if this bill and SB 667 are enacted and this bill is enacted last.
- incorporate additional substantive changes to Sections 3301, 3302, and 3303 of the Unemployment Insurance Code proposed by AB 518 to be operative only if this bill and AB 518 are enacted and this bill is enacted last.
Background
In 2004, California was the first state in the nation to implement a Paid Family Leave program (administered as part of SDI) that provides benefits to workers who need to take time off to care for a seriously ill family member, or to bond with a new child either from birth, adoption, or foster care placement. Effective January 1, 2021, the PFL scope was expanded to include employees taking time off work to assist a military family member under covered active duty or call to covered active duty. PFL provides up to eight weeks of the 60-70 percent wage replacement. According to EDD’s SDI Statistical Information, for fiscal year 2021-22, there were a total of 289,149 claims paid with a total of $1,627,943,310 in benefits paid. The average weekly benefit amount was $806 for approximately 7.07 weeks.
Comments
Need for this bill? According to the author, “Over 20 years ago, California became the first state in the nation to enact a paid family leave program. California Paid Family Leave (PFL) provides workers with partial wage replacement when they take leave from work to provide care for a family member in specific circumstances. While California has led the nation in implementing paid family leave and has taken meaningful steps to make the program more equitable, workers still face barriers in accessing the PFL benefits that they contribute to. Assembly Bill (AB) 575 will remove unnecessary barriers for individuals seeking to access their paid family leave benefits and better enable them to be there for children in times of transition and hardship. These updates will allow workers to access the support they need without placing any additional requirements on California employers.”
Related/Prior Legislation
AB 518 (Wicks, 2023) expands eligibility for benefits under the paid family leave program to include individuals who take time off work to care for a seriously ill designated person.
SB 667 (Dodd, 2023) expands and clarifies the scope of practice of certified nurse-midwives (CNMs) to treat and provide care for common gynecologic conditions; permits a CNM to admit or discharge a patient if a CNM has privileges at a general acute care hospital, as specified; clarifies that a CNM is a practitioner for purposes of certifying disability; and includes a CNMs as a laboratory director for purposes of performing specified laboratory tests, among other technical changes.
AB 1041 (Wicks, Chapter 748, Statutes of 2022) expanded the list of individuals for which an employee can take leave under the California Family Rights Act and the Healthy Workplaces, Healthy Families Act of 2014 to include a designated person.
SB 951 (Durazo, Chapter 878, Statutes of 2022) revised the formula for the computation of SDI and PFL benefits to increase the wage replacement available to claimants.
SB 83 (Committee on Budget and Fiscal Review, Chapter 24, Statutes of 2019), beginning July 1, 2020, extended from six to eight weeks the maximum duration of PFL benefits individuals may receive.
SB 770 (Jackson, Chapter 350, Statutes of 2013) expanded the definition of family to include in-laws, siblings and grandparents.
FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: No
According to Senate Appropriations Committee:
- The Employment Development Department would incur one-time costs of $3.1 million, and $500,000 annually, to update documents and automated information technology systems used to administer PFL benefits (Unemployment Compensation Disability Fund (UCDF).
- Assuming a 10 percent increase in PFL care-related claims, EDD estimates that this bill would result in additional benefits paid of approximately $208 million in 2024, $257 million in 2025, and $277 million in 2026, and $293 million in 2027, when compared to current benefit projections.
SUPPORT: (Verified 9/8/23)
Legal Aid at Work (source)
AARP California
California Breastfeeding Coalition
California Coalition on Family Caregiving
California Domestic Workers Coalition
California Employment Lawyers Association
California Immigrant Policy Center
California Teachers Association
California WIC Association
California Women's Law Center
California Work & Family Coalition
Caring Across Generations
Center for Law and Social Policy (CLASP)
Centro Legal De LA Raza
Child Care Law Center
Children Now
Citizens for Choice
COLAGE
Consumer Attorneys of California
Equal Rights Advocates
Family Caregiver Alliance
Family Values @ Work
Family Violence Appellate Project
Futures Without Violence
GRACE - End Child Poverty in California
Human Impact Partners
Instituto De Educacion Popular Del Sur De California
JTMW LLC
Justice in Aging
Los Angeles Area Chamber of Commerce
Mujeres Unidas Y Activas
NARAL Pro-Choice California
National Council of Jewish Women Los Angeles
National Domestic Workers Alliance
Orange County Equality Coalition
Our Family Coalition
Parent Voices California
Public Counsel
Rising Communities
San Diego County Breastfeeding Coalition
Small Business Majority
Thai Community Development Center
The Restaurant Opportunity Center of the Bay
UFCW - Western States Council
Warehouse Worker Resource Center
Watsonville Law Center
Women Organized to Make Abuse Non-Existent
Working Partnerships USA
Worksafe
OPPOSITION: (Verified 9/8/23)
None received
ARGUMENTS IN SUPPORT: According to Legal Aid at Work, the sponsors of the measure, “First, AB 575 would enable multiple family members to provide care for a seriously ill loved one at the same time. Currently, to qualify for benefits, an applicant for Paid Family Leave benefits must attest that there is no other family member ready, willing, able and available to provide care. As a result, only one caregiver may receive Paid Family Leave income to care for a single family member at the same time. This requirement creates confusion and prevents family members from caring for each other. Caregiving is difficult work; two parents should be able to be by their child’s side during chemotherapy, and multiple loved ones should be able to be with a seriously ill older family member in their last days.”
“Second, the bill would allow workers who newly become in loco parentis, a person responsible for providing care for a child in a parent’s place, with the ability to receive Paid Family Leave to bond with their new child. Currently, a new guardian can only access bonding leave through Paid Family Leave if they are legally adopting or fostering a child. However, there are instances where a child transitions homes absent this formal government process. For instance, we have often heard from grandparents who take in a grandchild because the child’s parent is struggling with substance abuse or is injured in an accident, and who want to access Paid Family Leave to provide that child with love and support.”
Finally, “AB 575 would allow workers to access the Paid Family Leave they pay for without having to use up their vacation beforehand. Employers can currently require an employee to use two weeks of their earned vacation time before they are able to access Paid Family Leave. This can unnecessarily prevent workers from accessing the Paid Family Leave benefits that they pay for. Employees make contributions to the Paid Family Leave program out of their paychecks throughout the year; the program is paid for entirely by employees. There is no reason to require them to use their vacation time before accessing the benefits they have paid for.”
ASSEMBLY FLOOR: 79-0, 5/31/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NO VOTE RECORDED: Dixon
Prepared by: Alma Perez-Schwab / L., P.E. & R. / (916) 651-1556
9/11/23 12:21:19
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 575 (Papan) - Paid family leave
Version: August 14, 2023 | Policy Vote: L., P.E. & R. 5 - 0 |
Urgency: No | Mandate: No |
Hearing Date: September 1, 2023 | Consultant: Robert Ingenito |
Bill Summary:
AB 575 would (1) expand eligibility for benefits under the Paid Family Leave (PFL) program to include individuals who take time off work to bond with a minor child within one year of assuming responsibilities of a child in loco parentis. Additionally, the bill would delete (1) the restriction in existing law specifying that an individual is not eligible for PFL benefits if another family member is ready, willing, and able and available for the same period of time in a day to provide the required care, and (2) the authorization for an employer to require an employee to take two weeks of vacation leave before accessing PFL benefits that are funded by employees.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on September 1, 2023
Fiscal Impact:
- The Employment Development Department would incur one-time costs of $3.1 million, and $500,000 annually, to update documents and automated information technology systems used to administer PFL benefits (Unemployment Compensation Disability Fund (UCDF).
- Assuming a 10 percent increase in PFL care-related claims, EDD estimates that this bill would result in additional benefits paid of approximately $208 million in 2024, $257 million in 2025, and $277 million in 2026, and $293 million in 2027, when compared to current benefit projections.
Author Amendments:
- Delay implementation to February 1, 2025.
- Provide that, for periods of disability commencing on or after February 1, 2025, prohibit the application of the authorization for an employer to require a worker to take vacation leave before receiving benefits.
-- END --
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 575 (Papan) - Paid family leave
Version: August 14, 2023 | Policy Vote: L., P.E. & R. 5 - 0 |
Urgency: No | Mandate: No |
Hearing Date: August 21, 2023 | Consultant: Robert Ingenito |
Bill Summary:
AB 575 would (1) expand eligibility for benefits under the Paid Family Leave (PFL) program to include individuals who take time off work to bond with a minor child within one year of assuming responsibilities of a child in loco parentis. Additionally, the bill would delete (1) the restriction in existing law specifying that an individual is not eligible for PFL benefits if another family member is ready, willing, and able and available for the same period of time in a day to provide the required care, and (2) the authorization for an employer to require an employee to take two weeks of vacation leave before accessing PFL benefits that are funded by employees.
Fiscal Impact:
- The Employment Development Department would incur one-time costs of $3.1 million, and $500,000 annually, to update documents and automated information technology systems used to administer PFL benefits (Unemployment Compensation Disability Fund (UCDF).
- Assuming a 10 percent increase in PFL care-related claims, EDD estimates that this bill would result in additional benefits paid of approximately $208 million in 2024, $257 million in 2025, and $277 million in 2026, and $293 million in 2027, when compared to current benefit projections.
Background:
The State Disability Insurance (SDI) program, administered by EDD, was created in 1946 to provide monetary benefits to workers unable to work due to non-work-related illness, injury, or pregnancy. Benefits are payable for a maximum of 52 weeks and provide a wage replacement of about 60-70 percent. The SDI program is financed solely by worker contributions and covers approximately 18 million individuals. The current contribution rate is 1.1 percent.
In 2004, California was the first state in the nation to implement a PFL program (administered as part of SDI) that provides benefits to workers who need to take time off to care for a seriously ill family member, or to bond with a new child either from birth, adoption, or foster care placement. Effective January 1, 2021, the PFL scope was expanded to include employees taking time off work to assist a military family member under covered active duty or call to covered active duty. PFL provides up to eight weeks of the 60-70 percent wage replacement. According to EDD’s SDI Statistical Information, for 2021-22, there were a total of 289,149 claims paid with a total of $1.6 billion in benefits paid. The average weekly benefit amount was $806 for approximately 7.1 weeks.
In 2022, SB 951 (Durazo, Chapter 878, Statutes of 2022) was adopted to, among other things, for claims commencing on or after January 1, 2025, revise the formula for determining benefits under both the SDI and PFL programs to provide an increased wage replacement rate ranging from 70-90 percent based on the individual’s wages.
“In loco parentis” is a common law doctrine denoting the legal responsibility of a person or organization to perform some of the functions or responsibilities of a parent. PFL already includes in loco parentis relationships when defining a “child” and “parent,” allowing a person to take time off with PFL wage replacement to care for a child or parent in loco parentis. However, in loco parentis status does not extend to bonding leave under PFL. Current law allows a person to take time off with PFL wage replacement to bond with a minor child upon birth, placement in foster care, or adoption only.
Proposed Law:
This bill would, among other things, do the following:
- Expand EDD’s current-law certification requirement to include an employee taking leave to bond with a minor child within one year of (1) the child’s birth, (2) placement of the child in connection with foster care or adoption, or (3) an individual’s assumption of responsibilities for the child in loco parentis, as defined.
- Expand PFL to allow individuals to access benefits for the purpose of bonding with a minor child within one year of assuming responsibilities of a child in loco parentis, as defined.
- Delete the restriction that an individual is not eligible for PFL benefits if another family member is ready, willing, and able and available for the same period of time in a day to provide the required care.
- Delete the authorization for an employer to require an employee to take two weeks of vacation leave before accessing PFL benefits.
Related Legislation:
- AB 518 (Wicks) would expand eligibility for benefits under the paid family leave program to include individuals who take time off work to care for a seriously ill designated person. The bill is currently pending in this Committee.
- AB 1041 (Wicks, Chapter 748, Statutes of 2022), expanded the list of individuals for which an employee can take leave under the California Family Rights Act and the Healthy Workplaces, Healthy Families Act of 2014 to include a designated person.
- SB 951 (Durazo, Chapter 878, Statutes of 2022), revised the formula for the computation of SDI and PFL benefits to increase the wage replacement available to claimants.
- SB 1058 (Durazo, Chapter 317, Statutes of 2022), required EDD to collect demographic data, including race and ethnicity data and sexual orientation and gender identity data, for individuals who claim disability benefits under the SDI and PFL programs.
- SB 83 (Committee on Budget and Fiscal Review, Chapter 24, Statutes of 2019), beginning July 1, 2020, extended from six to eight weeks the maximum duration of PFL benefits individuals may receive.
- SB 1123 (Jackson, Chapter 849, Statutes of 2018) expanded the PFL program to include time off to participate in a qualifying exigency related to covered active duty, as defined, or call to covered active duty of the individual’s spouse, domestic partner, child, or parent in the armed forces.
- SB 770 (Jackson, Chapter 350, Statutes of 2013) expanded the definition of family to include in-laws, siblings and grandparents.
Staff Comments:
EDD indicates that its estimates account for implementation of the benefits increases associated with SB 951, which (as noted earlier) take effect in 2025. However, even with the increase in benefits paid, EDD estimates that the SDI contribution rate would remain the same in 2024, 2025, and 2026 compared to current law. The DI contribution rate would increase by 0.1 percent (to 1.2 percent) compared to current law in 2027, resulting in an additional $1.4 billion contributed to the Unemployment Compensation Disability Fund.
-- END --
SENATE COMMITTEE ON LABOR, PUBLIC EMPLOYMENT AND RETIREMENT
Senator Dave Cortese, Chair
2023 - 2024 Regular
Bill No: AB 575 Hearing Date: June 28, 2023
Author: | Papan | ||
Version: | March 9, 2023 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Alma Perez-Schwab | ||
SUBJECT: Paid family leave
KEY ISSUES
Should the Legislature expand eligibility for benefits under the Paid Family Leave (PFL) program to include individuals who take time off work to bond with a minor child within one year of assuming responsibilities of a child in loco parentis?
Should the Legislature delete the restriction in existing law specifying that an individual is not eligible for PFL benefits if another family member is ready, willing, and able and available for the same period of time in a day to provide the required care?
Should the Legislature delete the authorization for an employer to require an employee to take two weeks of vacation leave before accessing PFL benefits that are funded by employees?
ANALYSIS
Existing law:
- Establishes the Employment Development Department (EDD) to, among other duties, administer the Unemployment Insurance and Disability Insurance programs. (Unemployment Insurance Code §301)
- Establishes the State Disability Insurance (SDI) program as a partial wage-replacement plan funded through employee payroll deductions that is available (through the Disability Insurance and Paid Family Leave programs) to eligible individuals who are unable to work due to sickness or injury of the employee (including pregnancy), the sickness or injury of a family member, or the birth, adoption, or foster care placement of a new child. (Unemployment Insurance Code §2601-3308)
- Paid Family Leave (PFL) provides eligible employees up to eight weeks of wage replacement benefits within a 12-month period to workers who need to take time off work for the following reasons:
- To care for a seriously ill family member, as defined;
- To bond with a minor child within one year of the birth or placement of the child in connection with foster care or adoption;
- To participate in a qualifying event because of a family member’s military deployment. (Unemployment Insurance Code §3301)
- PFL defines “family member” to mean a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner. (Unemployment Insurance Code §3302)
- Provides that an individual is not eligible for PFL benefits if another family member is ready, willing, able, and available for the same period of time in a day to provide the required care. (Unemployment Insurance Code §3303.1)
- Allows an employer to require an employee to take up to two weeks of earned but unused vacation leave prior to the employee accessing PFL benefits. (Unemployment Insurance Code §3303.1)
- Defines “in loco parentis” to mean in the place of a parent; instead of a parent; charged with a parent's rights, duties, and responsibilities. It does not require a biological or legal relationship. (California Code of Regulations Title 2 §11087)
This bill:
- Expands the Paid Family Leave program to allow individuals to access benefits for the purpose of bonding with a minor child within one year of assuming responsibilities of a child in loco parentis.
- Deletes the restriction that an individual is not eligible for PFL benefits if another family member is ready, willing, and able and available for the same period of time in a day to provide the required care.
- Deletes the authorization for an employer to require an employee to take two weeks of vacation leave before accessing PFL benefits.
- Makes other technical gender non-conforming changes to existing provisions and deletes a now obsolete operative date.
COMMENTS
1. Background: Paid Family Leave Program
The State Disability Insurance program, administered by the EDD, was created in 1946 to provide monetary benefits to workers unable to work due to non-work-related illness, injury, or pregnancy. Benefits are payable for a maximum of 52 weeks and provide a wage replacement of about 60-70 percent. The SDI program is financed solely by worker contributions and covers approximately 18 million individuals.
In 2004, California was the first state in the nation to implement a Paid Family Leave program (administered as part of SDI) that provides benefits to workers who need to take time off to care for a seriously ill family member, or to bond with a new child either from birth, adoption, or foster care placement. Effective January 1, 2021, the PFL scope was expanded to include employees taking time off work to assist a military family member under covered active duty or call to covered active duty. PFL provides up to eight weeks of the 60-70 percent wage replacement. According to EDD’s SDI Statistical Information, for fiscal year 2021-22, there were a total of 289,149 claims paid with a total of $1,627,943,310 in benefits paid. The average weekly benefit amount was $806 for approximately 7.07 weeks.
In 2022, SB 951 (Durazo, Chapter 878, Statutes of 2022) was adopted to, among other things, for claims commencing on or after January 1, 2025, revise the formula for determining benefits under both the SDI and PFL programs to provide an increased wage replacement rate ranging from 70-90% based on the individual’s wages.
2. Need for this bill?
According to the author, “Over 20 years ago, California became the first state in the nation to enact a paid family leave program. California Paid Family Leave (PFL) provides workers with partial wage replacement when they take leave from work to provide care for a family member in specific circumstances. While California has led the nation in implementing paid family leave and has taken meaningful steps to make the program more equitable, workers still face barriers in accessing the PFL benefits that they contribute to. Assembly Bill (AB) 575 will remove unnecessary barriers for individuals seeking to access their paid family leave benefits and better enable them to be there for children in times of transition and hardship. These updates will allow workers to access the support they need without placing any additional requirements on California employers.”
3. Proponent Arguments:
According to Legal Aid at Work, the sponsors of the measure, “While California has led the nation in establishing a robust paid family leave program and expanding it to reach more Californians, many of our clients struggle with the decision to take time off work to care for a loved one, both because of confusing eligibility requirements as well as financial hardship.” They support this measure arguing that:
“First, AB 575 would enable multiple family members to provide care for a seriously ill loved one at the same time. Currently, to qualify for benefits, an applicant for Paid Family Leave benefits must attest that there is no other family member ready, willing, able and available to provide care. As a result, only one caregiver may receive Paid Family Leave income to care for a single family member at the same time. This requirement creates confusion and prevents family members from caring for each other. Caregiving is difficult work; two parents should be able to be by their child’s side during chemotherapy, and multiple loved ones should be able to be with a seriously ill older family member in their last days.”
Second, the bill would allow workers who newly become in loco parentis, a person responsible for providing care for a child in a parent’s place, with the ability to receive Paid Family Leave to bond with their new child. Currently, a new guardian can only access bonding leave through Paid Family Leave if they are legally adopting or fostering a child. However, there are instances where a child transitions homes absent this formal government process. For instance, we have often heard from grandparents who take in a grandchild because the child’s parent is struggling with substance abuse or is injured in an accident, and who want to access Paid Family Leave to provide that child with love and support. Transitioning to living with a new guardian in a new home is a stressful experience for a child, and children going through such a change deserve the care and support of a loving adult.”
“Finally, AB 575 would allow workers to access the Paid Family Leave they pay for without having to use up their vacation beforehand. Employers can currently require an employee to use two weeks of their earned vacation time before they are able to access Paid Family Leave. This can unnecessarily prevent workers from accessing the Paid Family Leave benefits that they pay for. Employees make contributions to the Paid Family Leave program out of their paychecks throughout the year; the program is paid for entirely by employees. There is no reason to require them to use their vacation time before accessing the benefits they have paid for. This change would protect low-income workers, allowing them to access Paid Family Leave and also preserve the paid time off that they have accrued for other needs.”
4. Opponent Arguments:
None received.
5. Committee Suggested Amendment:
The term, “in loco parentis,” is not currently defined under the statute governing the Paid Family Leave program. It is, however, defined in regulations to mean in the place of a parent; instead of a parent; charged with a parent's rights, duties, and responsibilities. It does not require a biological or legal relationship. (California Code of Regulations Title 2 §11087) Committee staff recommends either including the definition in statute or cross referencing to the existing definition in the California Code of Regulations.
6. Prior Legislation:
AB 518 (Wicks, 2023), pending before this Committee, would expand eligibility for benefits under the paid family leave program to include individuals who take time off work to care for a seriously ill designated person.
AB 1041 (Wicks, Chapter 748, Statutes of 2022), expanded the list of individuals for which an employee can take leave under the California Family Rights Act and the Healthy Workplaces, Healthy Families Act of 2014 to include a designated person.
SB 951 (Durazo, Chapter 878, Statutes of 2022), revised the formula for the computation of SDI and PFL benefits to increase the wage replacement available to claimants.
SB 1058 (Durazo, Chapter 317, Statutes of 2022), required EDD to collect demographic data, including race and ethnicity data and sexual orientation and gender identity data, for individuals who claim disability benefits under the SDI and PFL programs.
SB 83 (Committee on Budget and Fiscal Review, Chapter 24, Statutes of 2019), beginning July 1, 2020, extended from six to eight weeks the maximum duration of PFL benefits individuals may receive.
SB 1123 (Jackson, Chapter 849, Statutes of 2018) expanded the PFL program to include time off to participate in a qualifying exigency related to covered active duty, as defined, or call to covered active duty of the individual’s spouse, domestic partner, child, or parent in the armed forces.
SB 770 (Jackson, Chapter 350, Statutes of 2013) expanded the definition of family to include in-laws, siblings and grandparents.
SUPPORT
Legal Aid at Work (Sponsor)
AARP California
California Breastfeeding Coalition
California Coalition on Family Caregiving
California Domestic Workers Coalition
California Employment Lawyers Association
California Immigrant Policy Center
California WIC Association
California Women's Law Center
California Work & Family Coalition
Caring Across Generations
Center for Law and Social Policy (CLASP)
Centro Legal De LA Raza
Child Care Law Center
Children Now
Citizens for Choice
COLAGE
Consumer Attorneys of California
Equal Rights Advocates
Family Caregiver Alliance (FCA)
Family Values @ Work
Family Violence Appellate Project
Futures Without Violence
GRACE - End Child Poverty in California
Human Impact Partners
Instituto De Educacion Popular Del Sur De California (IDEPSCA)
JTMW LLC
Justice in Aging
Mujeres Unidas Y Activas
NARAL Pro-Choice California
National Council of Jewish Women Los Angeles
National Domestic Workers Alliance
Orange County Equality Coalition
Our Family Coalition
Parent Voices California
Public Counsel
Rising Communities (formerly Community Health Councils)
San Diego County Breastfeeding Coalition
Small Business Majority
Thai Community Development Center
The Restaurant Opportunity Center of The Bay
UFCW - Western States Council
Warehouse Worker Resource Center
Watsonville Law Center
Women Organized to Make Abuse Non-existent (WOMAN Inc)
Working Partnerships USA
Worksafe
OPPOSITION
None received
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 575
Author:(Papan)
As Amended Ver:March 9, 2023
Majority vote
SUMMARY
Makes several changes to how individuals can access benefits under the state Paid Family Leave (PFL) program.
Major Provisions
- Expands the PFL program to allow individuals to access PFL benefits for the purpose of bonding with a minor child within one year of assuming responsibilities of a child in loco parentis.
- Deletes the restriction that an individual is not eligible for PFL benefits if another family member is ready, willing, and able and available for the same period of time in a day to provide the required care.
- Deletes the authorization for an employer to require an employee to take two weeks of vacation leave before accessing PFL benefits.
COMMENTS
PFL was enacted in 2002 as an expansion to the State Disability Insurance (SDI) program 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. PFL benefits are funded by employees through SDI contributions from their paychecks. PFL provides up to eight weeks of the 60% to 70% wage replacement. Starting January 1, 2025 workers will be eligible for 70% to 90% wage replacement. According to EDD's SDI Statistical Information, for the first six months of 2022 the average weekly benefit amount was $821.
This bill seeks to address limitations in the PFL program, including restrictions on when an individual can access PFL benefits to bond with a minor child, how many individuals can access PFL benefits to care for a family member, and requirements related to when an individual can first access PFL benefits.
Currently, individuals can only take time off to bond with a minor child upon birth, placement in foster care, or adoption. Therefore, when an individual assumes responsibility for a child without a former foster care placement or adoption they are not able to use PFL for purposes of bonding leave. This bill would address this issue by allowing an individual to bond with a minor child within one year of assuming responsibilities in loco parentis.
Additionally, only one family member at a time is currently allowed to access PFL benefits in order to care for an individual. This bill would remove the restriction that allows only one family member at a time to access PFL benefits.
Finally, an employer is currently allowed to require an employee to use two weeks of accrued vacation time before they can access PFL benefits. By deleting the provision allowing employers to require employees to use vacation leave before accessing PFL benefits, this bill leaves the decision of whether to use vacation benefits before accessing their PFL benefits entirely with the employee.
According to the Author
Over 20 years ago, California became the first state in the nation to enact a paid family leave program. California Paid Family Leave (PFL) provides workers with partial wage replacement when they take leave from work to provide care for a family member in specific circumstances. While California has led the nation in implementing paid family leave and has taken meaningful steps to make the program more equitable, workers still face barriers in accessing the PFL benefits that they contribute to. Assembly Bill (AB) 575 will remove unnecessary barriers for individuals seeking to access their paid family leave benefits and better enable them to be there for children in times of transition and hardship. These updates will allow workers to access the support they need without placing any additional requirements on California employers.
Arguments in Support
According to Legal Aid at Work, the sponsor of this bill, would remove “unnecessary hurdles to accessing California's Paid Family Leave program… mak[ing] it easier for more family caregivers, especially low wage workers, to take time to support and care for their families.
Arguments in Opposition
None on file
FISCAL COMMENTS
According to the Assembly Appropriations Committee, one-time costs of approximately $3.1 million and ongoing annual costs of approximately $500,000 to the Employment Development Department (EDD), primarily to update documents and automated information technology systems used in administration of PFL benefits (Unemployment Compensation Disability Fund (UCDF)). However, EDD notes it needs at least 13 months to implement this bill's provisions, making the January 1, 2024, effective date unfeasible.
Assuming a 10% increase in PFL care-related claims, EDD estimates this bill will result in additional benefits paid of approximately $197 million in 2024, $239 million in 2025, and $255 million in 2026, when compared to current benefit projections. Since the worker-funded UCDF continuously appropriates such payments, this bill makes an appropriation.
VOTES
ASM INSURANCE: 13-0-1
YES: Calderon, Essayli, Berman, Cervantes, Chen, Vince Fong, Gipson, Grayson, Jones‑Sawyer, Ortega, Rodriguez, Valencia, Wood
ABS, ABST OR NV: Soria
ASM APPROPRIATIONS: 15-0-1
YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Weber, Ortega
ABS, ABST OR NV: Robert Rivas
UPDATED
VERSION: March 9, 2023
CONSULTANT: Claire Wendt / INS. / (916) 319-2086 FN: 0000556
Date of Hearing: April 26, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 575
Author:(Papan) – As Amended Ver:March 9, 2023
Policy Committee: | Insurance | Vote: | 13 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill expands Paid Family Leave (PFL) benefits to a worker assuming responsibilities of a child in loco parentis and repeals limitations on when a worker is eligible for PFL benefits.
Specifically, this bill:
- Expands PFL benefits to a worker who takes time off work to bond with a minor child within one year of assuming responsibilities of a child in loco parentis.
- Repeals the limitation making a worker ineligible for PFL benefits if another family member is “ready, willing, and able” and available for the same period of time in a day to provide family care.
- Repeals the limitation allowing an employer to require a worker to first take two weeks of vacation leave prior to utilizing PFL benefits.
FISCAL EFFECT:
One-time costs of approximately $3.1 million and ongoing annual costs of approximately $500,000 to the Employment Development Department (EDD), primarily to update documents and automated information technology systems used in administration of PFL benefits (Unemployment Compensation Disability Fund (UCDF)). However, EDD notes it needs at least 13 months to implement this bill’s provisions, making the January 1, 2024, effective date unfeasible.
Assuming a 10% increase in PFL care-related claims, EDD estimates this bill will result in additional benefits paid of approximately $197 million in 2024, $239 million in 2025, and $255 million in 2026, when compared to current benefit projections. Since the worker-funded UCDF continuously appropriates such payments, this bill makes an appropriation.
COMMENTS:
- Purpose. According to the author:
[This bill] will remove unnecessary barriers for individuals seeking to access their [PFL] benefits and better enable them to be there for children in times of transition and hardship. These updates will allow workers to access the support they need without placing any additional requirements on California employers.
This bill is sponsored by Legal Aid at Work and supported by a large coalition of family and workers’ rights groups.
- PFL Program. PFL was enacted in 2002 as an expansion of the State Disability Insurance (SDI) program, extending disability compensation to individuals who take time off work to care for a seriously ill child, spouse, parent, or domestic partner, or to bond with a new minor child. PFL also covers individuals taking time off work to assist a military family member called to active duty.
PFL provides up to eight weeks of 60% to 70% of wage replacement. Beginning January 1, 2025, the range increases to 70% to 90% of wage replacement. According to EDD, during the first six months of 2022, the average weekly PFL benefit amount was $821.
The SDI program (which includes the PFL program) is financed solely by worker contributions through an employee payroll deduction. The amount withheld from a worker’s paycheck, up to 1.5%, is determined annually by EDD using the SDI taxable wage ceiling and contribution rate.
- In Loco Parentis. In loco parentis is a common law doctrine denoting the legal responsibility of a person or organization to perform some of the functions or responsibilities of a parent. PFL already includes in loco parentis relationships when defining a “child” and “parent,” allowing a person to take time off with PFL wage replacement to care for a child or parent in loco parentis. However, in loco parentis status does not extend to bonding leave under PFL. Existing law allows a person to take time off with PFL wage replacement to bond with a minor child upon birth, placement in foster care, or adoption only. This bill closes this gap by allowing, under PFL, an individual to bond with a minor child within one year of assuming responsibilities in loco parentis. This bill also removes PFL restrictions that allow benefits to only one family member at a time and allow an employer to require an employee use vacation leave before accessing PFL benefits.
- Related Legislation. AB 518 (Wicks) expands PFL benefits to a person who takes time off work to care for a seriously ill “designated person,” defined as any individual related by blood or whose association with the employee is equivalent of a family relationship. AB 518 is pending hearing in this committee.
Analysis Prepared by: Irene Ho / APPR. / (916) 319-2081
Date of Hearing: April 12, 2023
ASSEMBLY COMMITTEE ON INSURANCE
Lisa Calderon, Chair
ABPCA Bill Id:AB 575 (
Author:Papan) – As Amended Ver:March 9, 2023
SUBJECT: Paid family leave
SUMMARY: Makes several changes to how individuals can access benefits under the state Paid Family Leave (PFL) program. Specifically, this bill:
- Expands the PFL program to allow individuals to access PFL benefits for the purpose of bonding with a minor child within one year of assuming responsibilities of a child in loco parentis.
- Deletes the restriction that an individual is not eligible for PFL benefits if another family member is ready, willing, and able and available for the same period of time in a day to provide the required care.
- Deletes the authorization for an employer to require an employee to take two weeks of vacation leave before accessing PFL benefits.
EXISTING LAW:
- Establishes the Employment Development Department (EDD) to, among other duties, administer the Unemployment Insurance and State Disability Insurance (SDI) programs. (Unemployment Insurance Code (UIC) Section 301)
- Establishes the SDI program as a partial wage-replacement plan funded through employee payroll deductions that is available (through the SDI and PFL programs) to eligible individuals who are unable to work due to sickness or injury of the employee (including pregnancy), the sickness or injury of a family member, or the birth, adoption, or foster care placement of a new child. (UIC Sections 2601-3308)
- Establishes the PFL program within the SDI program for the provision of wage replacement benefits for up to eight weeks within a 12-month period to workers for the following reasons: (UIC Sections 3301-3303)
- To care for a seriously ill family member.
- To bond with a new child entering the family by birth, adoption, or foster care placement.
- To participate in a qualifying event because of a spouse, registered domestic partner, parent, or child’s military deployment to a foreign country.
- Provides that an individual is not eligible for PFL benefits if another family member is ready, willing, able, and available for the same period of time in a day to provide the required care. (UIC Section 3303.1)
- Allows an employer to require an employee to take up to two weeks of earned but unused vacation leave prior to the employee accessing PFL benefits. (UIC Section 3303.1)
FISCAL EFFECT: Unknown
COMMENTS:
- Purpose. According to the author:
Over 20 years ago, California became the first state in the nation to enact a paid family leave program. California Paid Family Leave (PFL) provides workers with partial wage replacement when they take leave from work to provide care for a family member in specific circumstances. While California has led the nation in implementing paid family leave and has taken meaningful steps to make the program more equitable, workers still face barriers in accessing the PFL benefits that they contribute to. Assembly Bill (AB) 575 will remove unnecessary barriers for individuals seeking to access their paid family leave benefits and better enable them to be there for children in times of transition and hardship. These updates will allow workers to access the support they need without placing any additional requirements on California employers.
- Background. PFL was enacted in 2002 as an expansion to the SDI program 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 PFL benefit, with benefit payments beginning on July 1, 2004. Effective January 1, 2021, the PFL scope was expanded to include employees taking time off work to assist a military family member under covered active duty or call to covered active duty.
PFL provides up to eight weeks of the 60-70% wage replacement. Starting January 1, 2025 workers will be eligible for 70-90% wage replacement. According to EDD’s SDI Statistical Information, for the first six months of 2022 the average weekly benefit amount was $821.
Many confuse the PFL program (which provides only wage replacement during leave) with the job protection guarantees in the federal Family & Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). However, the changes to PFL benefits in this bill do not affect these job protection laws.
- Discussion. This bill seeks to address limitations in the PFL program, including restrictions on when an individual can access PFL benefits to bond with a minor child, how many individuals can access PFL benefits to care for a family member, and requirements related to when an individual can first access PFL benefits. According to the Center on Budget and Policy Priorities, PFL benefits have the biggest impact on low-wage workers, workers of color, and other marginalized groups.[1] Therefore, arguably the changes proposed by this bill would also have the biggest impact on these communities by making it easier for certain individuals to access PFL benefits.
PFL already provides rights to individuals that stand in loco parentis, primarily a person who stood in loco parentis to an individual when they were a child is included in the definition of “parent.” (UIC Section 3302). This has the effect of meaning an individual can take time off using PFL to care for someone that stood in loco parentis when the individual was a child and vice versa. However, in loco parentis rights do not extend to bonding leave for purposes of PFL. Currently, individuals can only take time off to bond with a minor child upon birth, placement in foster care, or adoption. Therefore, when an individual assumes responsibility for a child without a former foster care placement or adoption they are not able to use PFL for purposes of bonding leave. For example, if a relative or grandparent assumes care of a child without formally adopting them, the relative or grandparent would not be eligible to use PFL to bond with the child and make the transition easier. This bill would address this issue by allowing an individual to bond with a minor child within one year of assuming responsibilities in loco parentis.
Additionally, only one family member at a time is currently allowed to access PFL benefits in order to care for an individual. For example, if a minor child is hospitalized only one of the parents would be able to access PFL benefits to be with and care for the child. Conversely, when an elderly parent may need help and care only one family member would be able to access PFL benefits to care for the elderly parent. This bill would remove the restriction that allows only one family member at a time to access PFL benefits.
Finally, an employer is currently allowed to require an employee to use two weeks of accrued vacation time before they can access PFL benefits. Supporters of this bill, including the Consumer Attorneys of California, argue this restriction prevents employees from freely accessing benefits they pay for, because PFL benefits are entirely funded by employees through a payroll withholding. Additionally, in practice many employees would likely use available vacation time before accessing PFL benefits given that these benefits are full wage replacement and PFL benefits are only partial wage replacement. By deleting the provision allowing employers to require employees to use vacation leave before accessing PFL benefits, this bill leaves the decision of whether to use vacation benefits before accessing their PFL benefits entirely with the employee.
- Related Legislation.
- AB 518 (Wicks), pending before this Committee, expands the definition of “family member” for purposes of the PFL program to allow workers to take time off to care for a seriously ill individual related by blood or whose close association with the employee is the equivalent of a family relationship.
- AB 1041 (Wicks) Chapter 748, Statutes of 2022, expanded the list of individuals for which an employee can take leave under the California Family Rights Act (CFRA) and the Healthy Workplaces, Healthy Families Act of 2014.
- SB 951 (Durazo) Chapter 878, Statutes of 2022, revised the formula for the computation of SDI and PFL benefits.
- SB 1058 (Durazo), Chapter 317, Statutes of 2022, required EDD to collect demographic data, including race and ethnicity data and sexual orientation and gender identity data, for individuals who claim disability benefits under the SDI and PFL programs.
- SB 83 (Committee on Budget and Fiscal Review) Chapter 24, Statutes of 2019, beginning July 1, 2020, extended from six to eight weeks the maximum duration of PFL benefits individuals may receive.
- SB 1123 (Jackson) Chapter 849, Statutes of 2018 expanded the PFL program to include time off to participate in a qualifying exigency related to covered active duty, as defined, or call to covered active duty of the individual’s spouse, domestic partner, child, or parent in the armed forces.
- SB 63 (Jackson) Chapter 686, Statues of 2017 prohibits an employer from refusing to allow an employee with more than 12 months of service with the employer, who has at least 1,250 hours of service with the employer, and who works at a worksite in which the employer employs at least 20 employees within 75 miles, to take up to 12 weeks of parental leave to bond with a new child.
- SB 770 (Jackson), Chapter 350, Statutes of 2013 expanded the definition of family to include in-laws, siblings and grandparents.
REGISTERED SUPPORT / OPPOSITION:
Support
AARP California
California Breastfeeding Coalition
California Coalition on Family Caregiving
California Employment Lawyers Association
California Immigrant Policy Center
California WIC Association
California Women's Law Center
California Work & Family Coalition
Caring Across Generations
Center for Law and Social Policy (CLASP)
Centro Legal De LA Raza
Children Now
Citizens for Choice
Colage
Consumer Attorneys of California
Equal Rights Advocates
Family Caregiver Alliance (FCA)
Family Values @ Work
Family Violence Appellate Project
Futures Without Violence
Grace - End Child Poverty in California
Human Impact Partners
Instituto De Educacion Popular Del Sur De California (IDEPSCA)
Jtmw LLC
Justice in Aging
Legal Aid At Work
Mujeres Unidas Y Activas
NARAL Pro-choice California
National Council of Jewish Women Los Angeles
National Domestic Workers Alliance
Orange County Equality Coalition
Our Family Coalition
Parent Voices California
Public Counsel
Rising Communities (formerly Community Health Councils)
San Diego County Breastfeeding Coalition
Thai Community Development Center
The Restaurant Opportunity Center of The Bay
UFCW - Western States Council
Warehouse Worker Resource Center
Watsonville Law Center
Women Organized to Make Abuse Non-existent (woman Inc.)
Working Partnerships USA
Worksafe
Opposition
None on file.
Analysis Prepared by: Claire Wendt / INS. / (916) 319-2086
“A National Paid Leave Program Would Help Workers, Families.” Kathleen Romig and Kathleen Bryant, Center on Budget and Policy Priorities (April 27, 2021) https://www.cbpp.org/research/economy/a-national-paid-leave-program-would-help-workers-families#_ftnref18 ↑
Discussed in Hearing
1MIN
Assembly Floor
2MIN
Senate Floor
2MIN
Senate Standing Committee on Appropriations
8MIN
Senate Standing Committee on Labor, Public Employment and Retirement
7MIN
Assembly Standing Committee on Insurance
Bill Author
