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AB-2587 Disability compensation: paid family leave.(2017-2018)

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Date Published: 04/03/2018 04:00 AM
AB2587:v98#DOCUMENT

Amended  IN  Assembly  April 02, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2587


Introduced by Assembly Member Levine

February 15, 2018


An act to amend Section 3303.1 of the Unemployment Insurance Code, relating to paid family leave. unemployment benefits.


LEGISLATIVE COUNSEL'S DIGEST


AB 2587, as amended, Levine. Disability compensation: paid family leave.
Existing law establishes, within the state disability insurance program, a family temporary disability insurance program, also known as the paid family leave program, for the provision of wage replacement benefits to workers who take time off work to care for a seriously ill family member or to bond with a minor child within one year of birth or placement, as specified.
Existing law, before January 1, 2018, deemed an individual to be eligible for family temporary disability benefits if, among other things, the individual was unable to perform his or her regular or customary work for a 7-day waiting period during each disability benefit period, and prohibited payments for benefits during this waiting period. Existing law, on and after January 1, 2018, removes the 7-day waiting period for these benefits.
Existing law authorizes an employer to require an employee to take up to 2 weeks of earned but unused vacation before, and as a condition of, the employee’s initial receipt of these benefits during any 12-month period in which the employee is eligible for these benefits. Existing law specifies that if an employer so requires an employee to take vacation leave, that portion of the vacation leave that does not exceed one week is to be applied to the waiting period.
This bill would eliminate that authorization and related provisions. delete that application of vacation leave to the waiting period, consistent with the removal of the 7-day waiting period for these benefits on and after January 1, 2018.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: NO  

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


SECTION 1.

 Section 3303.1 of the Unemployment Insurance Code is amended to read:

3303.1.
 (a) An individual is not eligible for family temporary disability insurance benefits with respect to any day that any of the following apply:
(1) The individual has received, or is entitled to receive, unemployment compensation benefits under Part 1 (commencing with Section 100) or under an unemployment compensation act of any other state or of the federal government.
(2) The individual has received, or is entitled to receive, “other benefits” in the form of cash benefits as defined in Section 2629.
(3) The individual has received, or is entitled to receive, state disability insurance benefits under Part 2 (commencing with Section 2601) or under a disability insurance act of any other state.
(4) Another family member, as defined in Section 3302, is ready, willing, and able and available for the same period of time in a day that the individual is providing the required care.
(b) An individual who is entitled to leave under the FMLA and the CFRA must take Family Temporary Disability Insurance (FTDI) leave concurrent with leave taken under the FMLA and the CFRA.
(c) 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. If an employer so requires an employee to take vacation leave, that portion of the vacation leave that does not exceed one week shall be applied to the waiting period required under subdivision (b) of Section 3303. This subdivision may not be construed in a manner that relieves an employer of any duty of collective bargaining the employer may have with respect to the subject matter of this subdivision.

SECTION 1.Section 3303.1 of the Unemployment Insurance Code is amended to read:
3303.1.

(a)An individual is not eligible for family temporary disability insurance benefits with respect to any day that any of the following apply:

(1)The individual has received, or is entitled to receive, unemployment compensation benefits under Part 1 (commencing with Section 100) or under an unemployment compensation act of any other state or of the federal government.

(2)The individual has received, or is entitled to receive, “other benefits” in the form of cash benefits as defined in Section 2629.

(3)The individual has received, or is entitled to receive, state disability insurance benefits under Part 2 (commencing with Section 2601) or under a disability insurance act of any other state.

(4)Another family member, as defined in Section 3302, is ready, willing, and able and available for the same period of time in a day that the individual is providing the required care.

(b)An individual who is entitled to leave under the FMLA and the CFRA must take Family Temporary Disability Insurance (FTDI) leave concurrent with leave taken under the FMLA and the CFRA.