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SB-943 Paid family leave: COVID-19.(2019-2020)

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Date Published: 05/19/2020 09:00 PM
SB943:v96#DOCUMENT

Amended  IN  Senate  May 19, 2020
Amended  IN  Senate  April 29, 2020
Amended  IN  Senate  March 26, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 943


Introduced by Senator Chang
(Coauthors: Senators Bates and Wilk)
(Coauthors: Assembly Members Choi, Frazier, Limón, Santiago, and Voepel)

February 10, 2020


An act to amend Section 3302 of, and to add and repeal Sections 3302.1.5 and 3303.5 of, the Unemployment Insurance Code, relating to paid family leave, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


SB 943, as amended, Chang. Paid family leave: COVID-19.
Existing law establishes within the state disability insurance program a family temporary disability insurance program, also known as the Paid Family Leave program, for the provision of wage replacement benefits to workers who take time off work to care for a seriously ill family member or to bond with a minor child within one year of birth or placement, as specified.
This bill would, until June 1, 2021, December 31, 2020, also authorize wage replacement benefits to specified workers who take time off work to care for a minor child whose school has been closed child or other family member, including a child or adult with disabilities, for whom the employee is responsible for providing care if that person’s school or place of care has been closed, or the care provider of that person is unavailable, due to the COVID-19 virus outbreak or to care for a special needs child or adult, or both, due to the outbreak.
The bill would require that any additional costs associated with the extension of wage replacement benefits in these provisions be paid from the General Fund, upon appropriation by the Legislature.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 3302 of the Unemployment Insurance Code, as added by Section 7 of Chapter 350 of the Statutes of 2013, is amended to read:

3302.
 On and after July 1, 2014, 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.
(b) “Care provider” means the family member who is providing the required care for a serious health condition or the family member who is bonding with the new child.
(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 child’s birth or placement in connection with foster care or adoption.
(2) Leave to care for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner who has a serious health condition.
(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 employee’s child.
(h) “Grandparent” means a parent of the employee’s parent.
(i) “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.
(j) “Parent-in-law” means the parent of a spouse or a domestic partner.
(k) “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.
(l) “Sibling” means a person related to another person by blood, adoption, or affinity through a common legal or biological parent.
(m) “Spouse” means a partner to a lawful marriage.
(n) “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.
(o) “Valid claim” also means, until June 1, 2021, December 31, 2020, any claim for family temporary disability 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 minor child whose school has been closed child or other family member, including a child or adult with disabilities, for whom the employee is responsible for providing care if that person’s school or place of care has been closed, or the care provider of that person is unavailable, due to the COVID-19 virus outbreak or is caring for a special needs child or adult, or both, due to the outbreak.
(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.

SEC. 2.

 Section 3302.1.5 is added to the Unemployment Insurance Code, to read:

3302.1.5.
 (a) For purposes of this chapter, “disability benefit period” with respect to any individual, also 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 minor child whose school has been closed due to the COVID-19 virus outbreak or to care for a special needs child or adult, or both, child or other family member, including a child or adult with disabilities, for whom the employee is responsible for providing care if that person’s school or place of care has been closed, or the care provider of that person is unavailable, due to the outbreak.
(b) This section shall remain in effect only until June 1, 2021, December 31, 2020, and as of that date is repealed.

SEC. 3.

 Section 3303.5 is added to the Unemployment Insurance Code, to read:

3303.5.
 (a) 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 the individual is caring for a minor child whose school has been closed due to the COVID-19 virus outbreak or is caring for a special needs child or adult, or both, child or other family member, including a child or adult with disabilities, for whom the employee is responsible for providing care if that person’s school or place of care has been closed, or the care provider of that person is unavailable, due to the outbreak, only if the director finds all 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. signed statement that no other suitable person is available to care for the child or family member and has provided the name of the child or family member being cared for and the name of the school, place of care, or childcare provider that has closed or become unavailable.
(3) The individual’s employer employs 500 or more employees or fewer than 50 employees.
(b) This section shall remain in effect only until June 1, 2021, December 31, 2020, and as of that date is repealed.

SEC. 4.

 Notwithstanding Section 3012 of the Unemployment Insurance Code, no money in the Disability Fund is continuously appropriated for purposes of this act and any additional costs for extending paid family leave to persons who take time off work to care for a minor child whose school has been closed due to the COVID-19 virus outbreak or to care for a special needs child or adult, or both, due to the outbreak, shall be paid from the General Fund, upon appropriation by the Legislature.

SEC. 5.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to address the unprecedented closure of schools due to the COVID-19 virus outbreak, and the need to care for minor children who cannot attend school as soon as possible, as well as the need to care for special needs children and adults affected by the outbreak, it is necessary for this measure to take effect immediately.