Section § 3300

Explanation

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.

The Legislature finds and declares all of the following:
(a)CA Unemployment Insurance Code § 3300(a) It is in the public benefit to provide family temporary disability insurance benefits to workers to care for their family members. The need for family temporary disability insurance benefits has intensified as the participation of both parents in the workforce has increased, and the number of single parents in the workforce has grown. The need for partial wage replacement for workers taking family care leave will be exacerbated as the population of those needing care, both children and parents of workers, increases in relation to the number of working age adults.
(b)CA Unemployment Insurance Code § 3300(b) Family Temporary Disability Insurance shall be known as Paid Family Leave.
(c)CA Unemployment Insurance Code § 3300(c) Developing systems that help families adapt to the competing interests of work and home not only benefits workers, but also benefits employers by increasing worker productivity and reducing employee turnover.
(d)CA Unemployment Insurance Code § 3300(d) The federal Family and Medical Leave Act (FMLA) and California’s Family Rights Act (CFRA) entitle eligible employees working for covered employers to take unpaid, job-protected leave for up to 12 workweeks in a 12-month period. Under the FMLA and the CFRA, unpaid leave may be taken for the birth, adoption, or foster placement of a new child; to care for a seriously ill child, parent, or spouse; or for the employee’s own serious health condition.
(e)CA Unemployment Insurance Code § 3300(e) State disability insurance benefits currently provide wage replacement for workers who need time off due to their own nonwork-related injuries, illnesses, or conditions, including pregnancy, that prevent them from working, but do not cover leave to care for a sick or injured child, spouse, parent, grandparent, grandchild, sibling, or domestic partner, or leave to bond with a new child.
(f)CA Unemployment Insurance Code § 3300(f) The majority of workers in this state are unable to take family care leave because they are unable to afford leave without pay. When workers do not receive some form of wage replacement during family care leave, families suffer from the worker’s loss of income, increasing the demand on the state unemployment insurance system and dependence on the state’s welfare system.
(g)CA Unemployment Insurance Code § 3300(g) It is the intent of the Legislature to create a family temporary disability insurance program to help reconcile the demands of work and family. The family temporary disability insurance program shall be a component of the state’s unemployment compensation disability insurance program, shall be funded through employee contributions, and shall be administered in accordance with the policies of the state disability insurance program created pursuant to this part. Initial and ongoing administrative costs associated with the family temporary disability insurance program shall be payable from the Disability Fund.

Section § 3301

Explanation

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.

(a)Copy CA Unemployment Insurance Code § 3301(a)
(1)Copy CA Unemployment Insurance Code § 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 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 individual’s spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(2)CA Unemployment Insurance Code § 3301(a)(2) Nothing in this chapter shall be construed to abridge the rights and responsibilities conveyed under the CFRA or pregnancy disability leave.
(b)Copy CA Unemployment Insurance Code § 3301(b)
(1)Copy CA Unemployment Insurance Code § 3301(b)(1) An individual’s “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 individual’s 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 individual’s spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(2)CA Unemployment Insurance Code § 3301(b)(2) For periods of disability commencing on or after January 1, 2025, the weekly benefit amount shall be as follows:
(A)CA Unemployment Insurance Code § 3301(b)(2)(A) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s 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)CA Unemployment Insurance Code § 3301(b)(2)(B) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s 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 individual’s 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)CA Unemployment Insurance Code § 3301(b)(2)(C) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s 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 individual’s 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)CA Unemployment Insurance Code § 3301(b)(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)CA Unemployment Insurance Code § 3301(c) The maximum amount payable to an individual during any disability benefit period for family temporary disability insurance shall be eight times the individual’s “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 individual’s 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)CA Unemployment Insurance Code § 3301(d) No more than eight weeks of family temporary disability insurance benefits shall be paid within any 12-month period.
(e)CA Unemployment Insurance Code § 3301(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)CA Unemployment Insurance Code § 3301(f) This section shall remain in effect only until Section 3301.5 is incorporated in the Employment Development Department’s integrated claims management system as part of the EDDNext project, and as of that date is repealed.

Section § 3301.5

Explanation

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.

(a)Copy CA Unemployment Insurance Code § 3301.5(a)
(1)Copy CA Unemployment Insurance Code § 3301.5(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 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 individual’s spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(2)CA Unemployment Insurance Code § 3301.5(a)(2) Nothing in this chapter shall be construed to abridge the rights and responsibilities conveyed under the California Family Rights Act or pregnancy disability leave.
(b)Copy CA Unemployment Insurance Code § 3301.5(b)
(1)Copy CA Unemployment Insurance Code § 3301.5(b)(1) An individual’s “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 individual’s 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 individual’s spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(2)CA Unemployment Insurance Code § 3301.5(b)(2) For periods of disability commencing on or after January 1, 2025, the weekly benefit amount shall be as follows:
(A)CA Unemployment Insurance Code § 3301.5(b)(2)(A) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s 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)CA Unemployment Insurance Code § 3301.5(b)(2)(B) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s 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 individual’s 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)CA Unemployment Insurance Code § 3301.5(b)(2)(C) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s 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 individual’s 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)CA Unemployment Insurance Code § 3301.5(b)(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)CA Unemployment Insurance Code § 3301.5(c) The maximum amount payable to an individual during any disability benefit period for family temporary disability insurance shall be eight times the individual’s “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 individual’s 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)CA Unemployment Insurance Code § 3301.5(d) No more than eight weeks of family temporary disability insurance benefits shall be paid within any 12-month period.
(e)CA Unemployment Insurance Code § 3301.5(e) An individual may initiate the claims process up to 30 days in advance of the anticipated first compensable day. 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 the time shall be extended by the department upon a showing of good cause.
(f)CA Unemployment Insurance Code § 3301.5(f) This section shall become operative when incorporated in the Employment Development Department’s integrated claims management system as part of the EDDNext project.

Section § 3302

Explanation

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.

On and after July 1, 2014, for purposes of this part:
(a)CA Unemployment Insurance Code § 3302(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)CA Unemployment Insurance Code § 3302(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)CA Unemployment Insurance Code § 3302(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)CA Unemployment Insurance Code § 3302(d) “Domestic partner” has the same meaning as defined in Section 297 of the Family Code.
(e)CA Unemployment Insurance Code § 3302(e) “Family care leave” means any of the following:
(1)CA Unemployment Insurance Code § 3302(e)(1) Leave to bond with a minor child within the first year of the child’s birth or placement in connection with foster care or adoption.
(2)CA Unemployment Insurance Code § 3302(e)(2) Leave to care for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner who has a serious health condition.
(3)CA Unemployment Insurance Code § 3302(e)(3) Leave to participate in a qualifying exigency as provided in Section 3302.2.
(f)CA Unemployment Insurance Code § 3302(f) “Family member” means child, parent, grandparent, grandchild, sibling, spouse, or domestic partner as defined in this section.
(g)CA Unemployment Insurance Code § 3302(g) “Grandchild” means a child of the employee’s child.
(h)CA Unemployment Insurance Code § 3302(h) “Grandparent” means a parent of the employee’s parent.
(i)CA Unemployment Insurance Code § 3302(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)CA Unemployment Insurance Code § 3302(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)CA Unemployment Insurance Code § 3302(k) “Parent-in-law” means the parent of a spouse or a domestic partner.
(l)CA Unemployment Insurance Code § 3302(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)CA Unemployment Insurance Code § 3302(m) “Sibling” means a person related to another person by blood, adoption, or affinity through a common legal or biological parent.
(n)CA Unemployment Insurance Code § 3302(n) “Spouse” means a partner to a lawful marriage.
(o)CA Unemployment Insurance Code § 3302(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 placement of the child in connection with foster care or adoption.
(p)CA Unemployment Insurance Code § 3302(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 § 3302.1

Explanation

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.

(a)CA Unemployment Insurance Code § 3302.1(a) For purposes of this chapter:
(1)CA Unemployment Insurance Code § 3302.1(a)(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)CA Unemployment Insurance Code § 3302.1(a)(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 individual’s spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(A)CA Unemployment Insurance Code § 3302.1(a)(2)(A) Periods of family care leave for the same care recipient within a 12-month period shall be considered one disability benefit period.
(B)CA Unemployment Insurance Code § 3302.1(a)(2)(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)CA Unemployment Insurance Code § 3302.1(b) This section shall become operative on January 1, 2021.

Section § 3302.2

Explanation

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.

For purposes of this chapter, a “qualifying exigency related to the covered active duty or call to covered active duty of the individual’s spouse, domestic partner, child, or parent in the Armed Forces of the United States” means any of the following:
(a)CA Unemployment Insurance Code § 3302.2(a) Activities undertaken within seven calendar days from the date that a spouse, domestic partner, child, or parent has been notified of an impending call or order to covered active duty in the Armed Forces of the United States to address any issue that arises from the call or order.
(b)CA Unemployment Insurance Code § 3302.2(b) Attendance in either or both of the following:
(1)CA Unemployment Insurance Code § 3302.2(b)(1) An official ceremony, program, or event sponsored by the military that is related to the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent.
(2)CA Unemployment Insurance Code § 3302.2(b)(2) A family support or assistance program and informational briefing sponsored or promoted by the military, military service organizations, or the American Red Cross that is related to the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent.
(c)CA Unemployment Insurance Code § 3302.2(c) Any of the following activities related to the biological, adopted, or foster child, stepchild, legal ward, or child for whom the spouse, domestic partner, child, or parent in the Armed Forces of the United States stands in loco parentis, who is either not more than 18 years of age or, if equal to or more than 18 years of age, is incapable of self-care because of a disability at the time that the paid leave is to commence:
(1)CA Unemployment Insurance Code § 3302.2(c)(1) Arranging for alternative childcare for the child when the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent in the Armed Forces of the United States necessitates a change in the existing childcare arrangement.
(2)CA Unemployment Insurance Code § 3302.2(c)(2) Providing childcare for the child on an urgent, immediate need basis when the need to provide this care arises from the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(3)CA Unemployment Insurance Code § 3302.2(c)(3) Enrolling or transferring the child to a new school or day care facility when enrollment or transfer is necessitated by the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(4)CA Unemployment Insurance Code § 3302.2(c)(4) Attending meetings with staff at the child’s school or day care facility, including, but not limited to, meetings with school officials regarding disciplinary measures, parent-teacher conferences, or meetings with school counselors, when these meetings are necessary due to circumstances arising from the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(d)CA Unemployment Insurance Code § 3302.2(d) To make financial and legal arrangements for either or both of the following purposes:
(1)CA Unemployment Insurance Code § 3302.2(d)(1) Making or updating financial or legal arrangements to address the absence of the spouse, domestic partner, child, or parent in the Armed Forces of the United States while on covered active duty or call to covered active duty, including, but not limited to, preparing and executing financial and healthcare powers of attorney, transferring bank account signature authority, enrolling in the Defense Enrollment Eligibility Reporting System (DEERS), obtaining military identification cards, or preparing or updating a will or living trust.
(2)CA Unemployment Insurance Code § 3302.2(d)(2) Acting as the representative of the spouse, domestic partner, child, or parent in the Armed Forces of the United States before a federal, state, or local agency for purposes of obtaining, arranging, or appealing military service benefits while the spouse, domestic partner, child, or parent in the Armed Forces of the United States is on covered active duty or call to covered active duty, and for a period of ninety days following the termination of the covered active duty.
(e)CA Unemployment Insurance Code § 3302.2(e) Attending counseling provided by someone other than a health care provider, for oneself, for the spouse, domestic partner, child, or parent in the Armed Forces of the United States, or for the biological, adopted, or foster child, a stepchild, or a legal ward of the spouse, domestic partner, child, or parent in the Armed Forces of the United States, or a child for whom this person stands in loco parentis, who is either not more than 18 years of age, or equal to or more than 18 years of age and incapable of self-care because of a disability at the time that paid family leave is to commence, provided that the need for counseling arises from the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(f)CA Unemployment Insurance Code § 3302.2(f) Accompanying a spouse, domestic partner, child, or parent in the Armed Forces of the United States while that individual is on short-term, temporary, rest and recuperation leave during the period of deployment in a foreign country, provided that any leave taken for this purpose is for not more than 15 calendar days beginning on the date of commencement for the rest and recuperation leave.
(g)CA Unemployment Insurance Code § 3302.2(g) Attending arrival ceremonies, reintegration briefings and events, and any other official ceremony or program sponsored by the military for a period of 90 days following the termination of the covered active duty of the spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(h)CA Unemployment Insurance Code § 3302.2(h) Addressing issues that arise from the death of the spouse, domestic partner, child, or parent in the Armed Forces of the United States while on covered active duty status, including meeting and recovering the body of the spouse, domestic partner, child, or parent in the Armed Forces of the United States, making funeral arrangements, and attending funeral services.
(i)Copy CA Unemployment Insurance Code § 3302.2(i)
(1)Copy CA Unemployment Insurance Code § 3302.2(i)(1) Any of the following activities related to the parent of the spouse, domestic partner, child, or parent in the Armed Forces of the United States while the parent of the spouse, domestic partner, child, or parent in the armed forces during covered active duty is incapable of self-care by requiring active assistance or supervision over daily self-care in three or more of the activities of daily living or instrument activities of daily living:
(A)CA Unemployment Insurance Code § 3302.2(i)(1)(A) Arranging for alternative care for the parent of the spouse, domestic partner, child, or parent in the Armed Forces of the United States when the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent in the Armed Forces of the United States necessitates a change in the existing care arrangement for the parent.
(B)CA Unemployment Insurance Code § 3302.2(i)(1)(B) Providing care for the parent who is incapable of self-care on an urgent, immediate need basis when the need to provide this care arises from the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(C)CA Unemployment Insurance Code § 3302.2(i)(1)(C) Admitting or transferring the parent to a care facility when admission or transfer is necessitated by the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(D)CA Unemployment Insurance Code § 3302.2(i)(1)(D) Attending meetings with staff at the parent’s care facility, including, but not limited to, meetings with hospice or social service providers of the parent of the spouse, domestic partner, child, or parent in the Armed Forces of the United States when these meetings are necessary due to circumstances arising from the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(2)CA Unemployment Insurance Code § 3302.2(i)(2) For purposes of this subdivision, “activities of daily living” include adaptive activities, such as caring appropriately for one’s grooming and hygiene, bathing, dressing, and eating. Instrumental activities of daily living include, but are not limited to, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, and using a post office.
(j)CA Unemployment Insurance Code § 3302.2(j) Any other activities to address other events that arise out of the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent in the Armed Forces of the United States, provided that the employer and employee agree that this leave shall qualify as an exigency, and agree to both the timing and duration of this leave.
(k)CA Unemployment Insurance Code § 3302.2(k) This section shall become operative on January 1, 2021.

Section § 3303

Explanation

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.

(a)CA Unemployment Insurance Code § 3303(a) On and after July 1, 2014, 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 weekly benefit amount on any day in which he or she is unable to perform his or her regular or customary work because of any of the following:
(1)CA Unemployment Insurance Code § 3303(a)(1) 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.
(2)CA Unemployment Insurance Code § 3303(a)(2) The individual is caring for a seriously ill child, parent, grandparent, grandchild, sibling, spouse, or domestic partner.
(3)CA Unemployment Insurance Code § 3303(a)(3) The individual is participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individual’s spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(b)CA Unemployment Insurance Code § 3303(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)CA Unemployment Insurance Code § 3303(b)(1) The individual has made a claim for temporary disability benefits as required by authorized regulations.
(2)CA Unemployment Insurance Code § 3303(b)(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 individual’s spouse, domestic partner, child, or parent in the Armed Forces of the United States, has provided the information requested pursuant to Section 3307.
(c)CA Unemployment Insurance Code § 3303(c) This section shall become operative on January 1, 2021.

Section § 3303.1

Explanation

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.

(a)CA Unemployment Insurance Code § 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)CA Unemployment Insurance Code § 3303.1(a)(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)CA Unemployment Insurance Code § 3303.1(a)(2) The individual has received, or is entitled to receive, “other benefits” in the form of cash benefits as defined in Section 2629.
(3)CA Unemployment Insurance Code § 3303.1(a)(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)CA Unemployment Insurance Code § 3303.1(a)(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 individual’s spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(b)CA Unemployment Insurance Code § 3303.1(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)Copy CA Unemployment Insurance Code § 3303.1(c)
(1)Copy CA Unemployment Insurance Code § 3303.1(c)(1) As a condition of an employee’s 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 employee’s initial receipt of these benefits.
(2)CA Unemployment Insurance Code § 3303.1(c)(2) 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.
(3)CA Unemployment Insurance Code § 3303.1(c)(3) This subdivision shall not apply to any period of disability commencing on or after January 1, 2025.

Section § 3304

Explanation

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.

(a)CA Unemployment Insurance Code § 3304(a) Eligible workers shall receive benefits in accordance with provisions established under this division.
(b)CA Unemployment Insurance Code § 3304(b) This section shall remain in effect only until Section 3304.5 is incorporated in the Employment Development Department’s integrated claims management system as part of the EDDNext project, and as of that date is repealed.

Section § 3304.5

Explanation

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.

(a)CA Unemployment Insurance Code § 3304.5(a) The department shall issue the initial payment for family temporary disability insurance benefits under this chapter to a monetarily eligible claimant who is otherwise determined by the department as eligible to receive those benefits within 14 days of receipt of the claimant’s properly completed first family temporary disability insurance claim or as soon as eligibility begins, whichever occurs later.
(b)CA Unemployment Insurance Code § 3304.5(b) This section shall become operative when incorporated into the Employment Development Department’s integrated claims management system as part of the EDDNext project.

Section § 3305

Explanation

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.

If the director finds that any individual falsely certifies the medical condition of any person in order to obtain family temporary disability insurance benefits, with the intent to defraud, whether for the maker or for any other person, the director shall assess a penalty against the individual in the amount of 25 percent of the benefits paid as a result of the false certification. The provisions of Article 8 (commencing with Section 1126) of Chapter 4 of Part 1, with respect to assessments, the provisions of Article 9 (commencing with Section 1176) of Chapter 4 of Part 1, with respect to refunds, and the provisions of Chapter 7 (commencing with Section 1701) of Part 1, with respect to collections, shall apply to the assessments provided by this section. Penalties collected under this section shall be deposited in the contingent fund.

Section § 3306

Explanation

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.

(a)CA Unemployment Insurance Code § 3306(a) The director may request additional medical evidence to supplement the first or any continued claim if the additional evidence can be procured without additional cost to the care recipient. The director may require that the additional evidence include any or all of the following information:
(1)CA Unemployment Insurance Code § 3306(a)(1) Identification of diagnoses.
(2)CA Unemployment Insurance Code § 3306(a)(2) Identification of symptoms.
(3)CA Unemployment Insurance Code § 3306(a)(3) A statement setting forth the facts of the care recipient’s serious health condition that warrants the participation of the employee. The statement shall be completed by any of the following people:
(A)CA Unemployment Insurance Code § 3306(a)(3)(A) The physician or practitioner treating the care recipient.
(B)CA Unemployment Insurance Code § 3306(a)(3)(B) The registrar, authorized medical officer, or other duly authorized official of the hospital or health facility treating the care recipient.
(C)CA Unemployment Insurance Code § 3306(a)(3)(C) An examining physician or other representative of the department.
(b)CA Unemployment Insurance Code § 3306(b) Except as provided in Section 2709, the director may require the care recipient to submit to reasonable examinations for the purpose of determining all of the following:
(1)CA Unemployment Insurance Code § 3306(b)(1) Whether a serious health condition exists.
(2)CA Unemployment Insurance Code § 3306(b)(2) Whether a care provider’s participation is warranted.
(3)CA Unemployment Insurance Code § 3306(b)(3) The period of time that the care provider’s participation is warranted.

Section § 3307

Explanation

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.

(a)CA Unemployment Insurance Code § 3307(a) When an employee requests for the first time leave because of a qualifying exigency arising out of the covered active duty or call to covered active duty or notification of an impending call or order to covered active duty of the employee’s spouse, domestic partner, child, or parent in the Armed Forces of the United States, the department may require the employee to provide a copy of the covered active duty orders or other documentation issued by the military that indicates that the employee’s spouse, domestic partner, child, or parent is in the Armed Forces of the United States, is on covered active duty or call to covered active duty status, and the dates of the covered active duty service. This information need only be provided to the department. A copy of new active duty orders or other documentation issued by the military may be required by the department if the need for leave because of a qualifying exigency arises out of a different covered active duty or call to covered active duty or notification of an impending call or order to covered active duty of the same or a different eligible family member.
(b)CA Unemployment Insurance Code § 3307(b) The department may require that a request for paid family leave for any qualifying exigency specified in Section 3302.2 be supported by sufficient information from the employee that sets forth the following:
(1)CA Unemployment Insurance Code § 3307(b)(1) A statement or description, signed by the employee, of appropriate facts regarding the qualifying exigency for which paid family leave is requested. The facts shall be sufficient to support the need for leave and may include information on the type of qualifying exigency for which leave is requested and any available written documentation that supports the request for leave. For example, this information may include a copy of a meeting announcement for informational briefings sponsored by the military, a document confirming an appointment with a counselor or school official, or a copy of a bill for services for the handling of legal or financial affairs.
(2)CA Unemployment Insurance Code § 3307(b)(2) The approximate date of the commencement or pending commencement of the qualifying exigency.
(3)CA Unemployment Insurance Code § 3307(b)(3) If an employee requests leave because of a qualifying exigency for a single, continuous period of time, the beginning and end dates for that leave.
(4)CA Unemployment Insurance Code § 3307(b)(4) If an employee requests leave because of a qualifying exigency on an intermittent basis, an estimate of the frequency and duration of the qualifying exigency.
(5)CA Unemployment Insurance Code § 3307(b)(5) If the qualifying exigency involves meeting with a third party, appropriate contact information for the individual or entity with whom the employee is meeting, including, but not limited to, the name, title, organization, address, telephone number, fax number, and email address, if available, and a brief description of the purpose of the meeting.
(6)CA Unemployment Insurance Code § 3307(b)(6) If the qualifying exigency involves rest and recuperation leave, a copy of the rest and recuperation orders for the employee’s spouse, domestic partner, child, or parent in the Armed Forces of the United States, or other documentation issued by the military that indicates that this person has been granted rest and recuperation leave, and the dates of that rest and recuperation leave.
(c)CA Unemployment Insurance Code § 3307(c) If an employee submits complete and sufficient information to support the employee’s request for leave because of a qualifying exigency, the department may not request additional information from the employee. However, if the qualifying exigency involves meeting with a third party, the department may contact the individual or entity with whom the employee is meeting for purposes of verifying a meeting or appointment schedule and the nature of the meeting between the employee and the specified individual or entity. The employee’s permission is not required in order to verify meetings or appointments with third parties, but no additional information may be requested by the department. The department also may contact an appropriate unit of the Department of Defense to request verification that an individual is on covered active duty or call to covered active duty or has been notified of an impending call or order to covered active duty. No additional information may be requested, and the employee’s permission is not required.
(d)CA Unemployment Insurance Code § 3307(d) This section shall become operative on January 1, 2021.

Section § 3308

Explanation

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.

(a)CA Unemployment Insurance Code § 3308(a) In addition to English, the department shall distribute the application for family temporary disability insurance benefits in all non-English languages spoken by a substantial number of non-English-speaking applicants. As used in this section, “substantial number of non-English-speaking applicants” has the same meaning as “substantial number of non-English-speaking people” is defined in Section 7296.2 of the Government Code.
(b)CA Unemployment Insurance Code § 3308(b) This section shall become operative on January 1, 2025.