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SB-1123 Disability compensation: paid family leave.(2017-2018)

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Date Published: 09/27/2018 09:00 PM
SB1123:v94#DOCUMENT

Senate Bill No. 1123
CHAPTER 849

An act to amend, repeal, and add Sections 3301, 3302.1, 3303, and 3303.1 of, and to add Sections 3302.2 and 3307 to, the Unemployment Insurance Code, and making an appropriation therefor, relating to paid family leave.

[ Approved by Governor  September 27, 2018. Filed with Secretary of State  September 27, 2018. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1123, Jackson. 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. Under existing law, an individual who is entitled to leave under FMLA and CFRA is required to take Family Temporary Disability Insurance leave concurrent with leave taken under FMLA and CFRA.
This bill would, on and after January 1, 2021, expand the scope of the family temporary disability insurance program to include time off to participate in a qualifying exigency related to the 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 of the United States, as specified. The bill would, when an employee for the first time requests 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, authorize the Employment Development Department to 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, and the dates of the covered active duty service.
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.
Vote: MAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 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 six 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, 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.
(2) Nothing in this chapter shall be construed to abridge the rights and responsibilities conveyed under the CFRA or pregnancy disability leave.
(b) An individual’s “weekly benefit amount” shall be the amount provided in Section 2655. An individual is eligible to receive family temporary disability insurance benefits equal to one-seventh of his or her weekly benefit amount for each full day during which he or she is unable to work due to caring for a seriously ill or injured family member or bonding with a minor child within one year of the birth or placement of the child in connection with foster care or adoption.
(c) The maximum amount payable to an individual during any disability benefit period for family temporary disability insurance shall be six times his or her “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 his or her 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 six 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 remain in effect only until January 1, 2021, and as of that date is repealed.

SEC. 2.

 Section 3301 is added to the Unemployment Insurance Code, 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 six 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) Nothing in this chapter shall be construed to abridge the rights and responsibilities conveyed under the CFRA or pregnancy disability leave.
(b) An individual’s “weekly benefit amount” shall be the amount provided in Section 2655. An individual is eligible to receive family temporary disability insurance benefits equal to one-seventh of his or her weekly benefit amount for each full day during which he or she 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.
(c) The maximum amount payable to an individual during any disability benefit period for family temporary disability insurance shall be six times his or her “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 his or her 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 six 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 January 1, 2021.

SEC. 3.

 Section 3302.1 of the Unemployment Insurance Code is amended to read:

3302.1.
 For purposes of this chapter:
(a) “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, or 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.
(b) Periods of family care leave for the same care recipient within a 12-month period shall be considered one disability benefit period.
(c) 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.
(d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.

SEC. 4.

 Section 3302.1 is added to the Unemployment Insurance Code, to read:

3302.1.
 For purposes of this chapter:
(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 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.
(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.
(3) This section shall become operative on January 1, 2021.

SEC. 5.

 Section 3302.2 is added to the Unemployment Insurance Code, to read:

3302.2.
 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) 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) Attendance in either or both of the following:
(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) 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) 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) 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) 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) 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) 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) To make financial and legal arrangements for either or both of the following purposes:
(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) 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) 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) 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) 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) 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) (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) 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) 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) 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) 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) 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) 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) This section shall become operative on January 1, 2021.

SEC. 6.

 Section 3303 of the Unemployment Insurance Code is amended to read:

3303.
 (a) On and after July 1, 2014, 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 he or she 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, or caring for a seriously ill child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, 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.
(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.

SEC. 7.

 Section 3303 is added to the Unemployment Insurance Code, to read:

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) 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) 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 individual’s 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 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) This section shall become operative on January 1, 2021.

SEC. 8.

 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. 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 remain in effect only until January 1, 2021, and as of that date is repealed.

SEC. 9.

 Section 3303.1 is added to the Unemployment Insurance Code, 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 individual’s 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 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. 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.

SEC. 10.

 Section 3307 is added to the Unemployment Insurance Code, to read:

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 family member.
(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) 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) The approximate date of the commencement or pending commencement of the qualifying exigency.
(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) 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) 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) 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) If an employee submits complete and sufficient information to support his or her 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) This section shall become operative on January 1, 2021.