Disability CompensationPaid Family Leave
Section § 3300
This law section explains that it's beneficial for society to provide temporary disability benefits, known as Paid Family Leave, to employees who need to care for family members. With more parents working and more single-parent families, the need for this support is growing. Offering wage replacement during family leave helps employees manage work and home responsibilities, benefiting both workers and employers by increasing productivity and reducing turnover.
Currently, federal and state laws allow for unpaid job-protected leave for family and medical reasons, but they don't provide wages during this time. Many workers can't take family leave because they can't afford unpaid time off, which can lead families to rely more on state welfare programs.
The law intends to create a program within the state's disability insurance system, funded by employee contributions, to provide financial support during family care leave. The program's administrative costs will come from the Disability Fund.
Section § 3301
This section establishes a Family Temporary Disability Insurance (FTDI) program within California's state disability insurance. This program provides up to eight weeks of wage replacement for workers taking time off to care for an ill family member, bond with a new child, or deal with certain military-related situations.
The benefit amounts depend on income levels and are calculated based on wages and the state average wage, with specific amounts detailed for those below and above a set threshold. Benefits cannot exceed eight weeks in a 12-month period, and total payouts can't surpass total wages paid in the employee's base period.
Claims must be filed within 41 days of the first compensable day unless a valid reason exists for delay. This section will be in effect until it is integrated into the Employment Development Department’s new claims system, known as EDDNext.
Section § 3301.5
This law establishes a family temporary disability insurance program as part of the state disability insurance. It provides up to eight weeks of financial benefits to workers who need to take time off for family reasons, such as caring for a sick family member, bonding with a new child, or handling situations related to military duty of a family member. The law outlines how weekly benefits are calculated based on wages and details the maximum benefits available. Importantly, it does not interfere with existing rights under the California Family Rights Act or pregnancy leave.
Workers can begin the claim process 30 days before needing benefits and must file claims within 41 days of the first eligible day. The law becomes effective with the implementation of the Employment Development Department's new claims management system.
Section § 3302
This section defines key terms related to family temporary disability insurance eligibility in California starting July 1, 2014. It clarifies who qualifies as a "care recipient" and "care provider," including family members and employees involved in military-related situations. It specifies who counts as a "child," "domestic partner," "grandchild," "grandparent," "sibling," "spouse," "parent," and "parent-in-law." "Family care leave" involves bonding with a new child or caring for close family members with serious health issues, and participating in qualifying military-related urgencies. A "serious health condition" involves significant medical needs. A "valid claim" is needed for family disability insurance, which covers situations like caring for seriously ill family or bonding with a new child.
Section § 3302.1
This section defines key terms related to family temporary disability insurance benefits in the context of military service. "Covered active duty" refers to military deployment in a foreign country for regular armed forces and reserve components. A "disability benefit period" is when someone can claim benefits to care for a sick family member, bond with a new child, or handle certain emergencies connected to a family member's military service. The definition includes rules on treating multiple leave periods as one if it's for the same reason or related to pregnancy and child bonding. This law became effective on January 1, 2021.
Section § 3302.2
This section defines what is considered a "qualifying exigency" for taking leave related to the active military duty of a spouse, domestic partner, child, or parent. It includes activities such as addressing issues within seven days of being notified of duty, attending military events or programs, managing childcare and school changes for the affected children, and making financial and legal arrangements due to the absence. It also covers attending counseling, accompanying the service member during rest leave, attending post-deployment events, dealing with issues from the service member's death, arranging or providing care for parents unable to care for themselves, and any agreed-upon activities related to the duty.
Section § 3303
This law explains when a person in California can get family temporary disability insurance benefits. As of July 1, 2014, you might qualify if you can't work due to bonding with a new child, caring for a seriously ill family member, or dealing with military-related duties of a family member. The director must confirm that you've applied for temporary disability and have filed necessary documents to fully qualify.
Starting January 1, 2021, these rules will be in effect for people seeking such benefits.
Section § 3303.1
This section outlines when an individual is not eligible for family temporary disability insurance benefits. You can't get these benefits if you're already receiving unemployment, state disability, or certain other cash benefits. Plus, if another family member is available to provide care, you might not qualify. Also, if you're entitled to family leave under the FMLA or CFRA, your family temporary disability insurance leave should be taken at the same time. Finally, an employer can require you to use some of your vacation days before starting these benefits, but this won't apply to new disabilities starting from January 1, 2025.
Section § 3304
This section explains that eligible workers can receive benefits according to specific rules. However, this section will be removed once new technology updates (EDDNext project) are implemented in the Employment Development Department's system.
Section § 3304.5
This law states that the department must issue the first payment for family temporary disability insurance benefits within 14 days after receiving a correctly completed claim from an eligible person, or when the person becomes eligible, whichever is later.
This rule will start to be enforced when it's included in the Employment Development Department's new integrated claims management system.
Section § 3305
If someone lies about another person's medical condition to get family temporary disability benefits, intending to cheat the system, they will face a penalty. This penalty is 25% of the falsely obtained benefits. Existing rules about assessments, refunds, and collections apply to these penalties, and any money collected will go into a special fund.
Section § 3306
This law section explains that the director can ask for more medical evidence if it's free for the patient. This evidence might include a diagnosis, symptoms, and a statement about the patient's serious health condition that justifies the need for an employee's help. This statement must be provided by a doctor or medical official treating the patient, or a representative of the department.
Additionally, the director can require the patient to undergo examinations to confirm if a serious health condition exists, to see if a caregiver is needed, and to determine how long the caregiver's help is necessary, unless another law (Section 2709) says otherwise.
Section § 3307
This law explains the requirements for an employee to request leave due to a qualifying emergency related to the military service of their family member. Employees might be asked to provide military orders as proof of their family member's service status. Requests must include details about the emergency, such as the type of situation, start and end dates, or frequency if the leave is not continuous.
If the leave involves meetings, the employee should provide contact info for the person they're meeting. For rest and recuperation leave, military orders showing the granted leave must be provided. Once sufficient information is submitted, no further details can be requested except verification from third parties or the Department of Defense, without requiring the employee's permission.
This law became active on January 1, 2021.
Section § 3308
This law requires that the application for family temporary disability insurance benefits must be available in multiple languages, not just English. These languages are determined by the number of applicants who speak them, as defined by another legal code. This law will take effect starting January 1, 2025.