CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1123Introduced by Senator JacksonFebruary 13, 2018 An act to amend Section 3303.1 of the Unemployment Insurance Code, relating to paid family leave.LEGISLATIVE COUNSEL'S DIGESTSB 1123, as introduced, 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 make a nonsubstantive change to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe 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 shall take Family Temporary Disability Insurance (FTDI) leave concurrent with leave taken under the FMLA and the CFRA.(c) As a condition of an employees 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 employees 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.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1123Introduced by Senator JacksonFebruary 13, 2018 An act to amend Section 3303.1 of the Unemployment Insurance Code, relating to paid family leave.LEGISLATIVE COUNSEL'S DIGESTSB 1123, as introduced, 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 make a nonsubstantive change to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Senate Bill No. 1123
Introduced by Senator JacksonFebruary 13, 2018
Introduced by Senator Jackson
February 13, 2018
An act to amend Section 3303.1 of the Unemployment Insurance Code, relating to paid family leave.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1123, as introduced, 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 make a nonsubstantive change to these provisions.
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 make a nonsubstantive change to these provisions.
## Digest Key
## Bill Text
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 shall take Family Temporary Disability Insurance (FTDI) leave concurrent with leave taken under the FMLA and the CFRA.(c) As a condition of an employees 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 employees 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.
The people of the State of California do enact as follows:
## 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 shall take Family Temporary Disability Insurance (FTDI) leave concurrent with leave taken under the FMLA and the CFRA.(c) As a condition of an employees 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 employees 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:
### SECTION 1.
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 shall take Family Temporary Disability Insurance (FTDI) leave concurrent with leave taken under the FMLA and the CFRA.(c) As a condition of an employees 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 employees 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.
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 shall take Family Temporary Disability Insurance (FTDI) leave concurrent with leave taken under the FMLA and the CFRA.(c) As a condition of an employees 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 employees 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.
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 shall take Family Temporary Disability Insurance (FTDI) leave concurrent with leave taken under the FMLA and the CFRA.(c) As a condition of an employees 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 employees 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.
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 shall take Family Temporary Disability Insurance (FTDI) leave concurrent with leave taken under the FMLA and the CFRA.
(c) As a condition of an employees 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 employees 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.