California Senate Bill SB761 Amended / Bill

 BILL NUMBER: SB 761AMENDED BILL TEXT AMENDED IN SENATE MAY 24, 2013 INTRODUCED BY Senator DeSaulnier FEBRUARY 22, 2013 An act to amend Section 3301 of the Unemployment Insurance Code, relating to disability insurance. LEGISLATIVE COUNSEL'S DIGEST SB 761, as amended, DeSaulnier. Family temporary disability insurance. Existing law provides that there is a family temporary disability insurance program to provide up to 6 weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, 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. This bill would provide that it is unlawful for an employer or agent of an employer to discharge or in any other manner to discriminate against an individual because he or she has applied for, used, or indicated an intent to apply for or use, family temporary disability insurance benefits. The bill would provide that an employer  or an agent of an employer   who regularly employs 10 or more individuals, or an agent of that employer,  that violates these provisions  by discriminating against an employee who has been employed by him or her for 90 working days or more  shall be liable to  an individual   the employee  affected by the violation for actual damages and appropriate equitable relief, including  employment or  reinstatement. The bill would also provide that if an employee  or applicant  brings a civil action seeking these remedies and he or she prevails, the court may award the employee  or applicant  reasonable attorney's fees and costs. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated 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, 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) An employer  or agent of an employer   who regularly employs 10 or more individuals, or an agent of that employer, that discharges or in any other manner discriminates against an  individual   employee who has been employed by him or her for 90 working days or more  because  he or she   the employee  has applied for, used, or indicated an intent to apply for or use, family temporary disability insurance benefits under this section shall be liable to an  individual   employee  affected by the  unlawful  violation for actual damages and appropriate equitable relief, including  employment or  reinstatement. An employee  or applicant  may bring a civil action seeking these remedies in a court of competent jurisdiction. If the employee  or applicant  prevails in the action, the court may award the employee  or applicant  reasonable attorney's fees and costs.