| 1 | | - | Amended IN Assembly April 22, 2019 Amended IN Assembly March 25, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1224Introduced by Assembly Member GrayFebruary 21, 2019 An act to add Section 12945.7 to the Government Code, and to amend Section 3301 of the Unemployment Insurance Code, relating to employee leave, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGESTAB 1224, as amended, Gray. Employee leave: limitations. Disability insurance: paid family leave program.(1)Existing law, the Moore-Brown-Roberti Family Rights Act, or California Family Rights Act (CFRA), makes it an unlawful employment practice for an employer, as defined, to refuse to grant a request by an eligible employee to take up to 12 workweeks of unpaid protected leave during any 12-month period to bond with a new child or care for themselves or a family member, as specified. Existing law makes this leave available to an employee with more than 12 months of service with the employer and at least 1,250 hours of service with the employer within the last 12 months.This bill would create an additional employee leave program and would make it an unlawful business practice to refuse a request for an employee to take up to 12 weeks of leave without a determination by their physician that they are disabled, so long as that employee has worked for 900 or more hours for any employer in the prior 12 months and all other conditions for taking leave under the CFRA are satisfied. The bill would also prohibit leave taken under these provisions from being required to be taken concurrently with leave taken under the CFRA.Existing unemployment compensation disability law requires workers to pay contribution rates based on, among other things, wages received in employment and benefit disbursement, for payment into the Unemployment Compensation Disability Fund, a special fund in the State Treasury. That fund is continuously appropriated for the purpose of providing disability benefits and making payment of expenses in administering those provisions. (2)Under existing law,Existing law establishes, within the state disability insurance program, the family temporary disability insurance program provides program, also known as the paid family leave program, for the provision of up to 6 weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, domestic partner, family member 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. Existing law limits the temporary disability benefits paid under these provisions to not more than 6 weeks within any 12-month period. This bill would authorize up to 12 weeks of temporary disability benefits by permitting a maximum of 2 qualifying events of up benefits in a 12-month period, but would limit each disability benefit period to 6 weeks each of temporary disability benefits in any 12-month period. benefits.Because this bill would expand the pool of persons eligible to receive payments from the Unemployment Compensation Disability Fund, a continuously-appropriated fund, it would make an appropriation.By providing for the deposit of additional contributions in, and by authorizing an increase in disbursements from, the Unemployment Compensation Disability Fund, this bill would make an appropriation.Digest Key Vote: MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1.Section 12945.7 is added to the Government Code, to read:12945.7.(a)Notwithstanding any other law, it shall be an unlawful business practice for an employer to refuse to allow an employee who has worked for 900 hours or more for the employer in the prior 12 months to take leave, upon request and without a determination by their physician that they are disabled, so long as all other conditions for taking leave under the California Family Rights Act leave are satisfied.(b)The leave available under this section is separate from any leave available under the California Family Rights Act and shall not be required to be taken concurrently with leave available under that act.SEC. 2.SECTION 1. Section 3301 of the Unemployment Insurance Code, as amended by Section 1 of Chapter 849 of the Statutes of 2018, 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 individuals 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 their weekly benefit amount for each full day during which they are 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 their 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 their 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) (1) No more than 12 weeks of family temporary disability insurance benefits shall be paid within any 12-month period.(2) Each qualifying event shall be eligible for a maximum of disability period shall be limited to six weeks of family temporary disability insurance benefits. The maximum number of qualifying events for any 12-month period is two. (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. 3.SEC. 2. Section 3301 of the Unemployment Insurance Code, as added by Section 2 of Chapter 849 of the Statutes of 2018, 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, 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 individuals 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 individuals 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 their weekly benefit amount for each full day during which they are 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 individuals 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 their 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 their 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) (1) No more than 12 weeks of family temporary disability insurance benefits shall be paid within any 12-month period.(2) Each qualifying event shall be eligible for a maximum of disability benefit period shall be limited to six weeks of family temporary disability benefits. The maximum number of qualifying events in any 12-month period is two. (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. |
|---|
| 1 | + | Amended IN Assembly March 25, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1224Introduced by Assembly Member GrayFebruary 21, 2019 An act to amend Sections 12945.2 and 12945.6 of add Section 12945.7 to the Government Code, and to amend Section 3301 of the Unemployment Insurance Code, relating to employee leave, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGESTAB 1224, as amended, Gray. Employee leave: limitations.(1) Existing law, the Moore-Brown-Roberti Family Rights Act, or California Family Rights Act (CFRA), makes it an unlawful employment practice for an employer, as defined, to refuse to grant a request by an eligible employee to take up to 12 workweeks of unpaid protected leave during any 12-month period to bond with a new child or care for themselves or a family member, as specified. Existing law makes this leave available to an employee with more than 12 months of service with the employer and at least 1,250 hours of service with the employer within the last 12 months.This bill would eliminate the requirement for the employee to have at least 1,250 hours of service with the employer within the last 12 months, in order to be eligible for leave under these provisions.This bill would create an additional employee leave program and would make it an unlawful business practice to refuse a request for an employee to take up to 12 weeks of leave without a determination by their physician that they are disabled, so long as that employee has worked for 900 or more hours for any employer in the prior 12 months and all other conditions for taking leave under the CFRA are satisfied. The bill would also prohibit leave taken under these provisions from being required to be taken concurrently with leave taken under the CFRA.(2) Under existing law, the family temporary disability insurance program provides up to 6 weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, 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. Existing law limits the temporary disability benefits paid under these provisions to not more than 6 weeks within any 12-month period. This bill would eliminate the limitation on temporary disability benefits paid in any 12-month period. authorize up to 12 weeks of temporary disability benefits by permitting a maximum of 2 qualifying events of up to 6 weeks each of temporary disability benefits in any 12-month period.Because this bill would expand the pool of persons eligible to receive payments from the Unemployment Compensation Disability Fund, a continuously-appropriated fund, it would make an appropriation.Digest Key Vote: MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1.Section 12945.2 of the Government Code is amended to read:12945.2.(a)Except as provided in subdivision (b), it shall be an unlawful employment practice for any employer, as defined in paragraph (2) of subdivision (c), to refuse to grant a request by any employee with more than 12 months of service with the employer for family care and medical leave. Family care and medical leave requested pursuant to this subdivision shall not be deemed to have been granted unless the employer provides the employee, upon granting the leave request, a guarantee of employment in the same or a comparable position upon the termination of the leave. The commission shall adopt a regulation specifying the elements of a reasonable request.(b)Notwithstanding subdivision (a), it shall not be an unlawful employment practice for an employer to refuse to grant a request for family care and medical leave by an employee if the employer employs less than 20 employees within 75 miles of the worksite where that employee is employed.(c)For purposes of this section:(1)Child means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is either of the following:(A)Under 18 years of age.(B)An adult dependent child.(2)Employer means either of the following:(A)Any person who directly employs 20 or more persons to perform services for a wage or salary.(B)The state, and any political or civil subdivision of the state and cities.(3)Family care and medical leave means any of the following:(A)Leave for reason of the birth of a child of the employee, the placement of a child with an employee in connection with the adoption or foster care of the child by the employee, or the serious health condition of a child of the employee.(B)Leave to care for a parent or a spouse who has a serious health condition.(C)Leave because of an employees own serious health condition that makes the employee unable to perform the functions of the position of that employee, except for leave taken for disability on account of pregnancy, childbirth, or related medical conditions.(4)Employment in the same or a comparable position means employment in a position that has the same or similar duties and pay that can be performed at the same or similar geographic location as the position held prior to the leave.(5)FMLA means the federal Family and Medical Leave Act of 1993 (P.L. 103-3).(6)Health care provider means any of the following:(A)An individual holding either a physicians and surgeons certificate issued pursuant to Article 4 (commencing with Section 2080) of Chapter 5 of Division 2 of the Business and Professions Code, an osteopathic physicians and surgeons certificate issued pursuant to Article 4.5 (commencing with Section 2099.5) of Chapter 5 of Division 2 of the Business and Professions Code, or an individual duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, who directly treats or supervises the treatment of the serious health condition.(B)Any other person determined by the United States Secretary of Labor to be capable of providing health care services under the FMLA.(7)Parent means a biological, foster, or adoptive parent, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child.(8)Serious health condition means an illness, injury, impairment, or physical or mental condition that involves either of the following:(A)Inpatient care in a hospital, hospice, or residential health care facility.(B)Continuing treatment or continuing supervision by a health care provider.(d)An employer shall not be required to pay an employee for any leave taken pursuant to subdivision (a), except as required by subdivision (e).(e)An employee taking a leave permitted by subdivision (a) may elect, or an employer may require the employee, to substitute, for leave allowed under subdivision (a), any of the employees accrued vacation leave or other accrued time off during this period or any other paid or unpaid time off negotiated with the employer. If an employee takes a leave because of the employees own serious health condition, the employee may also elect, or the employer may also require the employee, to substitute accrued sick leave during the period of the leave. However, an employee shall not use sick leave during a period of leave in connection with the birth, adoption, or foster care of a child, or to care for a child, parent, or spouse with a serious health condition, unless mutually agreed to by the employer and the employee.(f)(1)During any period that an eligible employee takes leave pursuant to subdivision (a) or takes leave that qualifies as leave taken under the FMLA, the employer shall maintain and pay for coverage under a group health plan, as defined in Section 5000(b)(1) of the Internal Revenue Code, for the duration of the leave, not to exceed 12 workweeks in a 12-month period, commencing on the date leave taken under the FMLA commences, at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of the leave. Nothing in the preceding sentence shall preclude an employer from maintaining and paying for coverage under a group health plan beyond 12 workweeks. An employer may recover the premium that the employer paid as required by this subdivision for maintaining coverage for the employee under the group health plan if both of the following conditions occur:(A)The employee fails to return from leave after the period of leave to which the employee is entitled has expired.(B)The employees failure to return from leave is for a reason other than the continuation, recurrence, or onset of a serious health condition that entitles the employee to leave under subdivision (a) or other circumstances beyond the control of the employee.(2)Any employee taking leave pursuant to subdivision (a) shall continue to be entitled to participate in employee health plans for any period during which coverage is not provided by the employer under paragraph (1), employee benefit plans, including life insurance or short-term or long-term disability or accident insurance, pension and retirement plans, and supplemental unemployment benefit plans to the same extent and under the same conditions as apply to an unpaid leave taken for any purpose other than those described in subdivision (a). In the absence of these conditions an employee shall continue to be entitled to participate in these plans and, in the case of health and welfare employee benefit plans, including life insurance or short-term or long-term disability or accident insurance, or other similar plans, the employer may, at the employers discretion, require the employee to pay premiums, at the group rate, during the period of leave not covered by any accrued vacation leave, or other accrued time off, or any other paid or unpaid time off negotiated with the employer, as a condition of continued coverage during the leave period. However, the nonpayment of premiums by an employee shall not constitute a break in service, for purposes of longevity, seniority under any collective bargaining agreement, or any employee benefit plan.For purposes of pension and retirement plans, an employer shall not be required to make plan payments for an employee during the leave period, and the leave period shall not be required to be counted for purposes of time accrued under the plan. However, an employee covered by a pension plan may continue to make contributions in accordance with the terms of the plan during the period of the leave.(g)During a family care and medical leave period, the employee shall retain employee status with the employer, and the leave shall not constitute a break in service, for purposes of longevity, seniority under any collective bargaining agreement, or any employee benefit plan. An employee returning from leave shall return with no less seniority than the employee had when the leave commenced, for purposes of layoff, recall, promotion, job assignment, and seniority-related benefits such as vacation.(h)If the employees need for a leave pursuant to this section is foreseeable, the employee shall provide the employer with reasonable advance notice of the need for the leave.(i)If the employees need for leave pursuant to this section is foreseeable due to a planned medical treatment or supervision, the employee shall make a reasonable effort to schedule the treatment or supervision to avoid disruption to the operations of the employer, subject to the approval of the health care provider of the individual requiring the treatment or supervision.(j)(1)An employer may require that an employees request for leave to care for a child, a spouse, or a parent who has a serious health condition be supported by a certification issued by the health care provider of the individual requiring care. That certification shall be sufficient if it includes all of the following:(A)The date on which the serious health condition commenced.(B)The probable duration of the condition.(C)An estimate of the amount of time that the health care provider believes the employee needs to care for the individual requiring the care.(D)A statement that the serious health condition warrants the participation of a family member to provide care during a period of the treatment or supervision of the individual requiring care.(2)Upon expiration of the time estimated by the health care provider in subparagraph (C) of paragraph (1), the employer may require the employee to obtain recertification, in accordance with the procedure provided in paragraph (1), if additional leave is required.(k)(1)An employer may require that an employees request for leave because of the employees own serious health condition be supported by a certification issued by the employees health care provider. That certification shall be sufficient if it includes all of the following:(A)The date on which the serious health condition commenced.(B)The probable duration of the condition.(C)A statement that, due to the serious health condition, the employee is unable to perform the function of the employees position.(2)The employer may require that the employee obtain subsequent recertification regarding the employees serious health condition on a reasonable basis, in accordance with the procedure provided in paragraph (1), if additional leave is required.(3)(A)In any case in which the employer has reason to doubt the validity of the certification provided pursuant to this section, the employer may require, at the employers expense, that the employee obtain the opinion of a second health care provider, designated or approved by the employer, concerning any information certified under paragraph (1).(B)The health care provider designated or approved under subparagraph (A) shall not be employed on a regular basis by the employer.(C)In any case in which the second opinion described in subparagraph (A) differs from the opinion in the original certification, the employer may require, at the employers expense, that the employee obtain the opinion of a third health care provider, designated or approved jointly by the employer and the employee, concerning the information certified under paragraph (1).(D)The opinion of the third health care provider concerning the information certified under paragraph (1) shall be considered to be final and shall be binding on the employer and the employee.(4)As a condition of an employees return from leave taken because of the employees own serious health condition, the employer may have a uniformly applied practice or policy that requires the employee to obtain certification from the employees health care provider that the employee is able to resume work. Nothing in this paragraph shall supersede a valid collective bargaining agreement that governs the return to work of that employee.(l)It shall be an unlawful employment practice for an employer to refuse to hire, or to discharge, fine, suspend, expel, or discriminate against, any individual because of any of the following:(1)An individuals exercise of the right to family care and medical leave provided by subdivision (a).(2)An individuals giving information or testimony as to the individuals own family care and medical leave, or another persons family care and medical leave, in any inquiry or proceeding related to rights guaranteed under this section.(m)This section shall not be construed to require any changes in existing collective bargaining agreements during the life of the contract, or until January 1, 1993, whichever occurs first.(n)The amendments made to this section by Chapter 827 of the Statutes of 1993 shall not be construed to require any changes in existing collective bargaining agreements during the life of the contract, or until February 5, 1994, whichever occurs first.(o)This section shall be construed as separate and distinct from Section 12945.(p)Leave provided for pursuant to this section may be taken in one or more periods. The 12-month period during which 12 workweeks of leave may be taken under this section shall run concurrently with the 12-month period under the FMLA, and shall commence the date leave taken under the FMLA commences.(q)In any case in which both parents entitled to leave under subdivision (a) are employed by the same employer, the employer shall not be required to grant leave in connection with the birth, adoption, or foster care of a child that would allow the parents family care and medical leave totaling more than the amount specified in subdivision (a).(r)(1)Notwithstanding subdivision (a), an employer may refuse to reinstate an employee returning from leave to the same or a comparable position if all of the following apply:(A)The employee is a salaried employee who is among the highest paid 10 percent of the employers employees who are employed within 75 miles of the worksite at which that employee is employed.(B)The refusal is necessary to prevent substantial and grievous economic injury to the operations of the employer.(C)The employer notifies the employee of the intent to refuse reinstatement at the time the employer determines the refusal is necessary under subparagraph (B).(2)In any case in which the leave has already commenced, the employer shall give the employee a reasonable opportunity to return to work following the notice prescribed by subparagraph (C).(s)Leave taken by an employee pursuant to this section shall run concurrently with leave taken pursuant to the FMLA, except for any leave taken under the FMLA for disability on account of pregnancy, childbirth, or related medical conditions. The aggregate amount of leave taken under this section or the FMLA, or both, except for leave taken for disability on account of pregnancy, childbirth, or related medical conditions, shall not exceed 12 workweeks in a 12-month period. An employee is entitled to take, in addition to the leave provided for under this section and the FMLA, the leave provided for in Section 12945, if the employee is otherwise qualified for that leave.(t)It shall be an unlawful employment practice for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section.SEC. 2.Section 12945.6 of the Government Code, as added by Section 3 of Chapter 686 of the Statutes of 2017, is amended to read:12945.6.(a)It shall be an unlawful employment practice for an employer to do any of the following:(1)Refuse to allow an employee with more than 12 months of service with the employer and who works at a worksite in which the employer employs at least 20 employees within 75 miles, upon request, to take up to 12 weeks of parental leave to bond with a new child within one year of the childs birth, adoption, or foster care placement. If, on or before the commencement of this parental leave, the employer does not provide a guarantee of employment in the same or a comparable position upon the termination of the leave, the employer shall be deemed to have refused to allow the leave. The employee shall be entitled to utilize accrued vacation pay, paid sick time, other accrued paid time off, or other paid or unpaid time off negotiated with the employer, during the period of parental leave.(2)Refuse to maintain and pay for coverage for an eligible employee who takes parental leave pursuant to this section under a group health plan, as defined in Section 5000(b)(1) of the Internal Revenue Code of 1986, for the duration of the leave, not to exceed 12 weeks over the course of a 12-month period, commencing on the date that the parental leave commences, at the level and under the conditions that coverage would have been provided if the employee had continued to work in their position for the duration of the leave.(b)An employee is entitled to take, in addition to the leave provided pursuant to this section, leave provided pursuant to Section 12945 if the employee is otherwise qualified for that leave.(c)This section shall not apply to an employee who is subject to both Section 12945.2 and the federal Family and Medical Leave Act of 1993.(d)An employer may recover the premium that the employer paid as required by this section for maintaining coverage for the employee under the group health plan, if both of the following conditions occur:(1)The employee fails to return from leave after the period of leave to which the employee is entitled has expired.(2)The failure of the employee to return from leave is for a reason other than the continuation, recurrence, or onset of a serious health condition or other circumstances beyond the control of the employee.(e)In any case in which both parents entitled to leave under subdivision (a) are employed by the same employer, the employer is not required to grant leave in connection with the birth, adoption, or foster care of a child that would allow the parents parental leave totaling more than the amount specified in subdivision (a). The employer may, but is not required to, grant simultaneous leave to both of these employees.(f)Parental leave taken pursuant to this section shall run concurrently to parental leave taken as described in Sections 44977.5, 45196.1, 87780.1, and 88196.1 of the Education Code.(g)It shall be an unlawful employment practice for an employer to refuse to hire, or to discharge, fine, suspend, expel, or discriminate against, an individual because of either of the following:(1)An individuals exercise of the right to parental leave provided by subdivision (a).(2)An individuals giving information or testimony as to their own parental leave, or another persons parental leave, in an inquiry or proceeding related to rights guaranteed under this section.(h)It shall be an unlawful employment practice for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section.(i)For purposes of this section, employer means either of the following:(1)A person who directly employs 20 or more persons to perform services for a wage or salary.(2)The state, and any political or civil subdivision of the state and cities.(j)To the extent that state regulations interpreting the Moore-Brown-Roberti Family Rights Act, also known as the California Family Rights Act (Sections 12945.2 and 19702.3), are within the scope of, and not inconsistent with this section or with other state law, including the California Constitution, the council shall incorporate those regulations by reference to govern leave under this section.(k)This section shall take effect January 1, 2020.SECTION 1. Section 12945.7 is added to the Government Code, to read:12945.7. (a) Notwithstanding any other law, it shall be an unlawful business practice for an employer to refuse to allow an employee who has worked for 900 hours or more for the employer in the prior 12 months to take leave, upon request and without a determination by their physician that they are disabled, so long as all other conditions for taking leave under the California Family Rights Act leave are satisfied.(b) The leave available under this section is separate from any leave available under the California Family Rights Act and shall not be required to be taken concurrently with leave available under that act.SEC. 3.SEC. 2. Section 3301 of the Unemployment Insurance Code, as amended by Section 1 of Chapter 849 of the Statutes of 2018, 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 individuals 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 their weekly benefit amount for each full day during which they are 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 their 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 their 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) (1) No more than 12 weeks of family temporary disability insurance benefits shall be paid within any 12-month period.(2) Each qualifying event shall be eligible for a maximum of six weeks of family temporary disability insurance benefits. The maximum number of qualifying events for any 12-month period is two. (d)(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.(e)(f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 4.SEC. 3. Section 3301 of the Unemployment Insurance Code, as added by Section 2 of Chapter 849 of the Statutes of 2018, 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, 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 individuals 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 individuals 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 their weekly benefit amount for each full day during which they are 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 individuals 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 their 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 their 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) (1) No more than 12 weeks of family temporary disability insurance benefits shall be paid within any 12-month period.(2) Each qualifying event shall be eligible for a maximum of six weeks of family temporary disability benefits. The maximum number of qualifying events in any 12-month period is two. (d)(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.(e)(f) This section shall become operative on January 1, 2021. |
|---|
| 57 | | - | The people of the State of California do enact as follows:SECTION 1.Section 12945.7 is added to the Government Code, to read:12945.7.(a)Notwithstanding any other law, it shall be an unlawful business practice for an employer to refuse to allow an employee who has worked for 900 hours or more for the employer in the prior 12 months to take leave, upon request and without a determination by their physician that they are disabled, so long as all other conditions for taking leave under the California Family Rights Act leave are satisfied.(b)The leave available under this section is separate from any leave available under the California Family Rights Act and shall not be required to be taken concurrently with leave available under that act.SEC. 2.SECTION 1. Section 3301 of the Unemployment Insurance Code, as amended by Section 1 of Chapter 849 of the Statutes of 2018, 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 individuals 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 their weekly benefit amount for each full day during which they are 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 their 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 their 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) (1) No more than 12 weeks of family temporary disability insurance benefits shall be paid within any 12-month period.(2) Each qualifying event shall be eligible for a maximum of disability period shall be limited to six weeks of family temporary disability insurance benefits. The maximum number of qualifying events for any 12-month period is two. (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. 3.SEC. 2. Section 3301 of the Unemployment Insurance Code, as added by Section 2 of Chapter 849 of the Statutes of 2018, 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, 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 individuals 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 individuals 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 their weekly benefit amount for each full day during which they are 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 individuals 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 their 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 their 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) (1) No more than 12 weeks of family temporary disability insurance benefits shall be paid within any 12-month period.(2) Each qualifying event shall be eligible for a maximum of disability benefit period shall be limited to six weeks of family temporary disability benefits. The maximum number of qualifying events in any 12-month period is two. (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. |
|---|
| 46 | + | The people of the State of California do enact as follows:SECTION 1.Section 12945.2 of the Government Code is amended to read:12945.2.(a)Except as provided in subdivision (b), it shall be an unlawful employment practice for any employer, as defined in paragraph (2) of subdivision (c), to refuse to grant a request by any employee with more than 12 months of service with the employer for family care and medical leave. Family care and medical leave requested pursuant to this subdivision shall not be deemed to have been granted unless the employer provides the employee, upon granting the leave request, a guarantee of employment in the same or a comparable position upon the termination of the leave. The commission shall adopt a regulation specifying the elements of a reasonable request.(b)Notwithstanding subdivision (a), it shall not be an unlawful employment practice for an employer to refuse to grant a request for family care and medical leave by an employee if the employer employs less than 20 employees within 75 miles of the worksite where that employee is employed.(c)For purposes of this section:(1)Child means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is either of the following:(A)Under 18 years of age.(B)An adult dependent child.(2)Employer means either of the following:(A)Any person who directly employs 20 or more persons to perform services for a wage or salary.(B)The state, and any political or civil subdivision of the state and cities.(3)Family care and medical leave means any of the following:(A)Leave for reason of the birth of a child of the employee, the placement of a child with an employee in connection with the adoption or foster care of the child by the employee, or the serious health condition of a child of the employee.(B)Leave to care for a parent or a spouse who has a serious health condition.(C)Leave because of an employees own serious health condition that makes the employee unable to perform the functions of the position of that employee, except for leave taken for disability on account of pregnancy, childbirth, or related medical conditions.(4)Employment in the same or a comparable position means employment in a position that has the same or similar duties and pay that can be performed at the same or similar geographic location as the position held prior to the leave.(5)FMLA means the federal Family and Medical Leave Act of 1993 (P.L. 103-3).(6)Health care provider means any of the following:(A)An individual holding either a physicians and surgeons certificate issued pursuant to Article 4 (commencing with Section 2080) of Chapter 5 of Division 2 of the Business and Professions Code, an osteopathic physicians and surgeons certificate issued pursuant to Article 4.5 (commencing with Section 2099.5) of Chapter 5 of Division 2 of the Business and Professions Code, or an individual duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, who directly treats or supervises the treatment of the serious health condition.(B)Any other person determined by the United States Secretary of Labor to be capable of providing health care services under the FMLA.(7)Parent means a biological, foster, or adoptive parent, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child.(8)Serious health condition means an illness, injury, impairment, or physical or mental condition that involves either of the following:(A)Inpatient care in a hospital, hospice, or residential health care facility.(B)Continuing treatment or continuing supervision by a health care provider.(d)An employer shall not be required to pay an employee for any leave taken pursuant to subdivision (a), except as required by subdivision (e).(e)An employee taking a leave permitted by subdivision (a) may elect, or an employer may require the employee, to substitute, for leave allowed under subdivision (a), any of the employees accrued vacation leave or other accrued time off during this period or any other paid or unpaid time off negotiated with the employer. If an employee takes a leave because of the employees own serious health condition, the employee may also elect, or the employer may also require the employee, to substitute accrued sick leave during the period of the leave. However, an employee shall not use sick leave during a period of leave in connection with the birth, adoption, or foster care of a child, or to care for a child, parent, or spouse with a serious health condition, unless mutually agreed to by the employer and the employee.(f)(1)During any period that an eligible employee takes leave pursuant to subdivision (a) or takes leave that qualifies as leave taken under the FMLA, the employer shall maintain and pay for coverage under a group health plan, as defined in Section 5000(b)(1) of the Internal Revenue Code, for the duration of the leave, not to exceed 12 workweeks in a 12-month period, commencing on the date leave taken under the FMLA commences, at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of the leave. Nothing in the preceding sentence shall preclude an employer from maintaining and paying for coverage under a group health plan beyond 12 workweeks. An employer may recover the premium that the employer paid as required by this subdivision for maintaining coverage for the employee under the group health plan if both of the following conditions occur:(A)The employee fails to return from leave after the period of leave to which the employee is entitled has expired.(B)The employees failure to return from leave is for a reason other than the continuation, recurrence, or onset of a serious health condition that entitles the employee to leave under subdivision (a) or other circumstances beyond the control of the employee.(2)Any employee taking leave pursuant to subdivision (a) shall continue to be entitled to participate in employee health plans for any period during which coverage is not provided by the employer under paragraph (1), employee benefit plans, including life insurance or short-term or long-term disability or accident insurance, pension and retirement plans, and supplemental unemployment benefit plans to the same extent and under the same conditions as apply to an unpaid leave taken for any purpose other than those described in subdivision (a). In the absence of these conditions an employee shall continue to be entitled to participate in these plans and, in the case of health and welfare employee benefit plans, including life insurance or short-term or long-term disability or accident insurance, or other similar plans, the employer may, at the employers discretion, require the employee to pay premiums, at the group rate, during the period of leave not covered by any accrued vacation leave, or other accrued time off, or any other paid or unpaid time off negotiated with the employer, as a condition of continued coverage during the leave period. However, the nonpayment of premiums by an employee shall not constitute a break in service, for purposes of longevity, seniority under any collective bargaining agreement, or any employee benefit plan.For purposes of pension and retirement plans, an employer shall not be required to make plan payments for an employee during the leave period, and the leave period shall not be required to be counted for purposes of time accrued under the plan. However, an employee covered by a pension plan may continue to make contributions in accordance with the terms of the plan during the period of the leave.(g)During a family care and medical leave period, the employee shall retain employee status with the employer, and the leave shall not constitute a break in service, for purposes of longevity, seniority under any collective bargaining agreement, or any employee benefit plan. An employee returning from leave shall return with no less seniority than the employee had when the leave commenced, for purposes of layoff, recall, promotion, job assignment, and seniority-related benefits such as vacation.(h)If the employees need for a leave pursuant to this section is foreseeable, the employee shall provide the employer with reasonable advance notice of the need for the leave.(i)If the employees need for leave pursuant to this section is foreseeable due to a planned medical treatment or supervision, the employee shall make a reasonable effort to schedule the treatment or supervision to avoid disruption to the operations of the employer, subject to the approval of the health care provider of the individual requiring the treatment or supervision.(j)(1)An employer may require that an employees request for leave to care for a child, a spouse, or a parent who has a serious health condition be supported by a certification issued by the health care provider of the individual requiring care. That certification shall be sufficient if it includes all of the following:(A)The date on which the serious health condition commenced.(B)The probable duration of the condition.(C)An estimate of the amount of time that the health care provider believes the employee needs to care for the individual requiring the care.(D)A statement that the serious health condition warrants the participation of a family member to provide care during a period of the treatment or supervision of the individual requiring care.(2)Upon expiration of the time estimated by the health care provider in subparagraph (C) of paragraph (1), the employer may require the employee to obtain recertification, in accordance with the procedure provided in paragraph (1), if additional leave is required.(k)(1)An employer may require that an employees request for leave because of the employees own serious health condition be supported by a certification issued by the employees health care provider. That certification shall be sufficient if it includes all of the following:(A)The date on which the serious health condition commenced.(B)The probable duration of the condition.(C)A statement that, due to the serious health condition, the employee is unable to perform the function of the employees position.(2)The employer may require that the employee obtain subsequent recertification regarding the employees serious health condition on a reasonable basis, in accordance with the procedure provided in paragraph (1), if additional leave is required.(3)(A)In any case in which the employer has reason to doubt the validity of the certification provided pursuant to this section, the employer may require, at the employers expense, that the employee obtain the opinion of a second health care provider, designated or approved by the employer, concerning any information certified under paragraph (1).(B)The health care provider designated or approved under subparagraph (A) shall not be employed on a regular basis by the employer.(C)In any case in which the second opinion described in subparagraph (A) differs from the opinion in the original certification, the employer may require, at the employers expense, that the employee obtain the opinion of a third health care provider, designated or approved jointly by the employer and the employee, concerning the information certified under paragraph (1).(D)The opinion of the third health care provider concerning the information certified under paragraph (1) shall be considered to be final and shall be binding on the employer and the employee.(4)As a condition of an employees return from leave taken because of the employees own serious health condition, the employer may have a uniformly applied practice or policy that requires the employee to obtain certification from the employees health care provider that the employee is able to resume work. Nothing in this paragraph shall supersede a valid collective bargaining agreement that governs the return to work of that employee.(l)It shall be an unlawful employment practice for an employer to refuse to hire, or to discharge, fine, suspend, expel, or discriminate against, any individual because of any of the following:(1)An individuals exercise of the right to family care and medical leave provided by subdivision (a).(2)An individuals giving information or testimony as to the individuals own family care and medical leave, or another persons family care and medical leave, in any inquiry or proceeding related to rights guaranteed under this section.(m)This section shall not be construed to require any changes in existing collective bargaining agreements during the life of the contract, or until January 1, 1993, whichever occurs first.(n)The amendments made to this section by Chapter 827 of the Statutes of 1993 shall not be construed to require any changes in existing collective bargaining agreements during the life of the contract, or until February 5, 1994, whichever occurs first.(o)This section shall be construed as separate and distinct from Section 12945.(p)Leave provided for pursuant to this section may be taken in one or more periods. The 12-month period during which 12 workweeks of leave may be taken under this section shall run concurrently with the 12-month period under the FMLA, and shall commence the date leave taken under the FMLA commences.(q)In any case in which both parents entitled to leave under subdivision (a) are employed by the same employer, the employer shall not be required to grant leave in connection with the birth, adoption, or foster care of a child that would allow the parents family care and medical leave totaling more than the amount specified in subdivision (a).(r)(1)Notwithstanding subdivision (a), an employer may refuse to reinstate an employee returning from leave to the same or a comparable position if all of the following apply:(A)The employee is a salaried employee who is among the highest paid 10 percent of the employers employees who are employed within 75 miles of the worksite at which that employee is employed.(B)The refusal is necessary to prevent substantial and grievous economic injury to the operations of the employer.(C)The employer notifies the employee of the intent to refuse reinstatement at the time the employer determines the refusal is necessary under subparagraph (B).(2)In any case in which the leave has already commenced, the employer shall give the employee a reasonable opportunity to return to work following the notice prescribed by subparagraph (C).(s)Leave taken by an employee pursuant to this section shall run concurrently with leave taken pursuant to the FMLA, except for any leave taken under the FMLA for disability on account of pregnancy, childbirth, or related medical conditions. The aggregate amount of leave taken under this section or the FMLA, or both, except for leave taken for disability on account of pregnancy, childbirth, or related medical conditions, shall not exceed 12 workweeks in a 12-month period. An employee is entitled to take, in addition to the leave provided for under this section and the FMLA, the leave provided for in Section 12945, if the employee is otherwise qualified for that leave.(t)It shall be an unlawful employment practice for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section.SEC. 2.Section 12945.6 of the Government Code, as added by Section 3 of Chapter 686 of the Statutes of 2017, is amended to read:12945.6.(a)It shall be an unlawful employment practice for an employer to do any of the following:(1)Refuse to allow an employee with more than 12 months of service with the employer and who works at a worksite in which the employer employs at least 20 employees within 75 miles, upon request, to take up to 12 weeks of parental leave to bond with a new child within one year of the childs birth, adoption, or foster care placement. If, on or before the commencement of this parental leave, the employer does not provide a guarantee of employment in the same or a comparable position upon the termination of the leave, the employer shall be deemed to have refused to allow the leave. The employee shall be entitled to utilize accrued vacation pay, paid sick time, other accrued paid time off, or other paid or unpaid time off negotiated with the employer, during the period of parental leave.(2)Refuse to maintain and pay for coverage for an eligible employee who takes parental leave pursuant to this section under a group health plan, as defined in Section 5000(b)(1) of the Internal Revenue Code of 1986, for the duration of the leave, not to exceed 12 weeks over the course of a 12-month period, commencing on the date that the parental leave commences, at the level and under the conditions that coverage would have been provided if the employee had continued to work in their position for the duration of the leave.(b)An employee is entitled to take, in addition to the leave provided pursuant to this section, leave provided pursuant to Section 12945 if the employee is otherwise qualified for that leave.(c)This section shall not apply to an employee who is subject to both Section 12945.2 and the federal Family and Medical Leave Act of 1993.(d)An employer may recover the premium that the employer paid as required by this section for maintaining coverage for the employee under the group health plan, if both of the following conditions occur:(1)The employee fails to return from leave after the period of leave to which the employee is entitled has expired.(2)The failure of the employee to return from leave is for a reason other than the continuation, recurrence, or onset of a serious health condition or other circumstances beyond the control of the employee.(e)In any case in which both parents entitled to leave under subdivision (a) are employed by the same employer, the employer is not required to grant leave in connection with the birth, adoption, or foster care of a child that would allow the parents parental leave totaling more than the amount specified in subdivision (a). The employer may, but is not required to, grant simultaneous leave to both of these employees.(f)Parental leave taken pursuant to this section shall run concurrently to parental leave taken as described in Sections 44977.5, 45196.1, 87780.1, and 88196.1 of the Education Code.(g)It shall be an unlawful employment practice for an employer to refuse to hire, or to discharge, fine, suspend, expel, or discriminate against, an individual because of either of the following:(1)An individuals exercise of the right to parental leave provided by subdivision (a).(2)An individuals giving information or testimony as to their own parental leave, or another persons parental leave, in an inquiry or proceeding related to rights guaranteed under this section.(h)It shall be an unlawful employment practice for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section.(i)For purposes of this section, employer means either of the following:(1)A person who directly employs 20 or more persons to perform services for a wage or salary.(2)The state, and any political or civil subdivision of the state and cities.(j)To the extent that state regulations interpreting the Moore-Brown-Roberti Family Rights Act, also known as the California Family Rights Act (Sections 12945.2 and 19702.3), are within the scope of, and not inconsistent with this section or with other state law, including the California Constitution, the council shall incorporate those regulations by reference to govern leave under this section.(k)This section shall take effect January 1, 2020.SECTION 1. Section 12945.7 is added to the Government Code, to read:12945.7. (a) Notwithstanding any other law, it shall be an unlawful business practice for an employer to refuse to allow an employee who has worked for 900 hours or more for the employer in the prior 12 months to take leave, upon request and without a determination by their physician that they are disabled, so long as all other conditions for taking leave under the California Family Rights Act leave are satisfied.(b) The leave available under this section is separate from any leave available under the California Family Rights Act and shall not be required to be taken concurrently with leave available under that act.SEC. 3.SEC. 2. Section 3301 of the Unemployment Insurance Code, as amended by Section 1 of Chapter 849 of the Statutes of 2018, 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 individuals 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 their weekly benefit amount for each full day during which they are 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 their 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 their 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) (1) No more than 12 weeks of family temporary disability insurance benefits shall be paid within any 12-month period.(2) Each qualifying event shall be eligible for a maximum of six weeks of family temporary disability insurance benefits. The maximum number of qualifying events for any 12-month period is two. (d)(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.(e)(f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 4.SEC. 3. Section 3301 of the Unemployment Insurance Code, as added by Section 2 of Chapter 849 of the Statutes of 2018, 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, 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 individuals 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 individuals 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 their weekly benefit amount for each full day during which they are 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 individuals 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 their 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 their 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) (1) No more than 12 weeks of family temporary disability insurance benefits shall be paid within any 12-month period.(2) Each qualifying event shall be eligible for a maximum of six weeks of family temporary disability benefits. The maximum number of qualifying events in any 12-month period is two. (d)(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.(e)(f) This section shall become operative on January 1, 2021. |
|---|
| 85 | | - | 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 individuals 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 their weekly benefit amount for each full day during which they are 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 their 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 their 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) (1) No more than 12 weeks of family temporary disability insurance benefits shall be paid within any 12-month period.(2) Each qualifying event shall be eligible for a maximum of disability period shall be limited to six weeks of family temporary disability insurance benefits. The maximum number of qualifying events for any 12-month period is two. (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. |
|---|
| 71 | + | |
|---|
| 72 | + | (A)Under 18 years of age. |
|---|
| 73 | + | |
|---|
| 74 | + | |
|---|
| 75 | + | |
|---|
| 76 | + | (B)An adult dependent child. |
|---|
| 77 | + | |
|---|
| 78 | + | |
|---|
| 79 | + | |
|---|
| 80 | + | (2)Employer means either of the following: |
|---|
| 81 | + | |
|---|
| 82 | + | |
|---|
| 83 | + | |
|---|
| 84 | + | (A)Any person who directly employs 20 or more persons to perform services for a wage or salary. |
|---|
| 85 | + | |
|---|
| 86 | + | |
|---|
| 87 | + | |
|---|
| 88 | + | (B)The state, and any political or civil subdivision of the state and cities. |
|---|
| 89 | + | |
|---|
| 90 | + | |
|---|
| 91 | + | |
|---|
| 92 | + | (3)Family care and medical leave means any of the following: |
|---|
| 93 | + | |
|---|
| 94 | + | |
|---|
| 95 | + | |
|---|
| 96 | + | (A)Leave for reason of the birth of a child of the employee, the placement of a child with an employee in connection with the adoption or foster care of the child by the employee, or the serious health condition of a child of the employee. |
|---|
| 97 | + | |
|---|
| 98 | + | |
|---|
| 99 | + | |
|---|
| 100 | + | (B)Leave to care for a parent or a spouse who has a serious health condition. |
|---|
| 101 | + | |
|---|
| 102 | + | |
|---|
| 103 | + | |
|---|
| 104 | + | (C)Leave because of an employees own serious health condition that makes the employee unable to perform the functions of the position of that employee, except for leave taken for disability on account of pregnancy, childbirth, or related medical conditions. |
|---|
| 105 | + | |
|---|
| 106 | + | |
|---|
| 107 | + | |
|---|
| 108 | + | (4)Employment in the same or a comparable position means employment in a position that has the same or similar duties and pay that can be performed at the same or similar geographic location as the position held prior to the leave. |
|---|
| 109 | + | |
|---|
| 110 | + | |
|---|
| 111 | + | |
|---|
| 112 | + | (5)FMLA means the federal Family and Medical Leave Act of 1993 (P.L. 103-3). |
|---|
| 113 | + | |
|---|
| 114 | + | |
|---|
| 115 | + | |
|---|
| 116 | + | (6)Health care provider means any of the following: |
|---|
| 117 | + | |
|---|
| 118 | + | |
|---|
| 119 | + | |
|---|
| 120 | + | (A)An individual holding either a physicians and surgeons certificate issued pursuant to Article 4 (commencing with Section 2080) of Chapter 5 of Division 2 of the Business and Professions Code, an osteopathic physicians and surgeons certificate issued pursuant to Article 4.5 (commencing with Section 2099.5) of Chapter 5 of Division 2 of the Business and Professions Code, or an individual duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, who directly treats or supervises the treatment of the serious health condition. |
|---|
| 121 | + | |
|---|
| 122 | + | |
|---|
| 123 | + | |
|---|
| 124 | + | (B)Any other person determined by the United States Secretary of Labor to be capable of providing health care services under the FMLA. |
|---|
| 125 | + | |
|---|
| 126 | + | |
|---|
| 127 | + | |
|---|
| 128 | + | (7)Parent means a biological, foster, or adoptive parent, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child. |
|---|
| 129 | + | |
|---|
| 130 | + | |
|---|
| 131 | + | |
|---|
| 132 | + | (8)Serious health condition means an illness, injury, impairment, or physical or mental condition that involves either of the following: |
|---|
| 133 | + | |
|---|
| 134 | + | |
|---|
| 135 | + | |
|---|
| 136 | + | (A)Inpatient care in a hospital, hospice, or residential health care facility. |
|---|
| 137 | + | |
|---|
| 138 | + | |
|---|
| 139 | + | |
|---|
| 140 | + | (B)Continuing treatment or continuing supervision by a health care provider. |
|---|
| 141 | + | |
|---|
| 142 | + | |
|---|
| 143 | + | |
|---|
| 144 | + | (d)An employer shall not be required to pay an employee for any leave taken pursuant to subdivision (a), except as required by subdivision (e). |
|---|
| 145 | + | |
|---|
| 146 | + | |
|---|
| 147 | + | |
|---|
| 148 | + | (e)An employee taking a leave permitted by subdivision (a) may elect, or an employer may require the employee, to substitute, for leave allowed under subdivision (a), any of the employees accrued vacation leave or other accrued time off during this period or any other paid or unpaid time off negotiated with the employer. If an employee takes a leave because of the employees own serious health condition, the employee may also elect, or the employer may also require the employee, to substitute accrued sick leave during the period of the leave. However, an employee shall not use sick leave during a period of leave in connection with the birth, adoption, or foster care of a child, or to care for a child, parent, or spouse with a serious health condition, unless mutually agreed to by the employer and the employee. |
|---|
| 149 | + | |
|---|
| 150 | + | |
|---|
| 151 | + | |
|---|
| 152 | + | (f)(1)During any period that an eligible employee takes leave pursuant to subdivision (a) or takes leave that qualifies as leave taken under the FMLA, the employer shall maintain and pay for coverage under a group health plan, as defined in Section 5000(b)(1) of the Internal Revenue Code, for the duration of the leave, not to exceed 12 workweeks in a 12-month period, commencing on the date leave taken under the FMLA commences, at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of the leave. Nothing in the preceding sentence shall preclude an employer from maintaining and paying for coverage under a group health plan beyond 12 workweeks. An employer may recover the premium that the employer paid as required by this subdivision for maintaining coverage for the employee under the group health plan if both of the following conditions occur: |
|---|
| 153 | + | |
|---|
| 154 | + | |
|---|
| 155 | + | |
|---|
| 156 | + | (A)The employee fails to return from leave after the period of leave to which the employee is entitled has expired. |
|---|
| 157 | + | |
|---|
| 158 | + | |
|---|
| 159 | + | |
|---|
| 160 | + | (B)The employees failure to return from leave is for a reason other than the continuation, recurrence, or onset of a serious health condition that entitles the employee to leave under subdivision (a) or other circumstances beyond the control of the employee. |
|---|
| 161 | + | |
|---|
| 162 | + | |
|---|
| 163 | + | |
|---|
| 164 | + | (2)Any employee taking leave pursuant to subdivision (a) shall continue to be entitled to participate in employee health plans for any period during which coverage is not provided by the employer under paragraph (1), employee benefit plans, including life insurance or short-term or long-term disability or accident insurance, pension and retirement plans, and supplemental unemployment benefit plans to the same extent and under the same conditions as apply to an unpaid leave taken for any purpose other than those described in subdivision (a). In the absence of these conditions an employee shall continue to be entitled to participate in these plans and, in the case of health and welfare employee benefit plans, including life insurance or short-term or long-term disability or accident insurance, or other similar plans, the employer may, at the employers discretion, require the employee to pay premiums, at the group rate, during the period of leave not covered by any accrued vacation leave, or other accrued time off, or any other paid or unpaid time off negotiated with the employer, as a condition of continued coverage during the leave period. However, the nonpayment of premiums by an employee shall not constitute a break in service, for purposes of longevity, seniority under any collective bargaining agreement, or any employee benefit plan. |
|---|
| 165 | + | |
|---|
| 166 | + | |
|---|
| 167 | + | |
|---|
| 168 | + | For purposes of pension and retirement plans, an employer shall not be required to make plan payments for an employee during the leave period, and the leave period shall not be required to be counted for purposes of time accrued under the plan. However, an employee covered by a pension plan may continue to make contributions in accordance with the terms of the plan during the period of the leave. |
|---|
| 169 | + | |
|---|
| 170 | + | |
|---|
| 171 | + | |
|---|
| 172 | + | (g)During a family care and medical leave period, the employee shall retain employee status with the employer, and the leave shall not constitute a break in service, for purposes of longevity, seniority under any collective bargaining agreement, or any employee benefit plan. An employee returning from leave shall return with no less seniority than the employee had when the leave commenced, for purposes of layoff, recall, promotion, job assignment, and seniority-related benefits such as vacation. |
|---|
| 173 | + | |
|---|
| 174 | + | |
|---|
| 175 | + | |
|---|
| 176 | + | (h)If the employees need for a leave pursuant to this section is foreseeable, the employee shall provide the employer with reasonable advance notice of the need for the leave. |
|---|
| 177 | + | |
|---|
| 178 | + | |
|---|
| 179 | + | |
|---|
| 180 | + | (i)If the employees need for leave pursuant to this section is foreseeable due to a planned medical treatment or supervision, the employee shall make a reasonable effort to schedule the treatment or supervision to avoid disruption to the operations of the employer, subject to the approval of the health care provider of the individual requiring the treatment or supervision. |
|---|
| 181 | + | |
|---|
| 182 | + | |
|---|
| 183 | + | |
|---|
| 184 | + | (j)(1)An employer may require that an employees request for leave to care for a child, a spouse, or a parent who has a serious health condition be supported by a certification issued by the health care provider of the individual requiring care. That certification shall be sufficient if it includes all of the following: |
|---|
| 185 | + | |
|---|
| 186 | + | |
|---|
| 187 | + | |
|---|
| 188 | + | (A)The date on which the serious health condition commenced. |
|---|
| 189 | + | |
|---|
| 190 | + | |
|---|
| 191 | + | |
|---|
| 192 | + | (B)The probable duration of the condition. |
|---|
| 193 | + | |
|---|
| 194 | + | |
|---|
| 195 | + | |
|---|
| 196 | + | (C)An estimate of the amount of time that the health care provider believes the employee needs to care for the individual requiring the care. |
|---|
| 197 | + | |
|---|
| 198 | + | |
|---|
| 199 | + | |
|---|
| 200 | + | (D)A statement that the serious health condition warrants the participation of a family member to provide care during a period of the treatment or supervision of the individual requiring care. |
|---|
| 201 | + | |
|---|
| 202 | + | |
|---|
| 203 | + | |
|---|
| 204 | + | (2)Upon expiration of the time estimated by the health care provider in subparagraph (C) of paragraph (1), the employer may require the employee to obtain recertification, in accordance with the procedure provided in paragraph (1), if additional leave is required. |
|---|
| 205 | + | |
|---|
| 206 | + | |
|---|
| 207 | + | |
|---|
| 208 | + | (k)(1)An employer may require that an employees request for leave because of the employees own serious health condition be supported by a certification issued by the employees health care provider. That certification shall be sufficient if it includes all of the following: |
|---|
| 209 | + | |
|---|
| 210 | + | |
|---|
| 211 | + | |
|---|
| 212 | + | (A)The date on which the serious health condition commenced. |
|---|
| 213 | + | |
|---|
| 214 | + | |
|---|
| 215 | + | |
|---|
| 216 | + | (B)The probable duration of the condition. |
|---|
| 217 | + | |
|---|
| 218 | + | |
|---|
| 219 | + | |
|---|
| 220 | + | (C)A statement that, due to the serious health condition, the employee is unable to perform the function of the employees position. |
|---|
| 221 | + | |
|---|
| 222 | + | |
|---|
| 223 | + | |
|---|
| 224 | + | (2)The employer may require that the employee obtain subsequent recertification regarding the employees serious health condition on a reasonable basis, in accordance with the procedure provided in paragraph (1), if additional leave is required. |
|---|
| 225 | + | |
|---|
| 226 | + | |
|---|
| 227 | + | |
|---|
| 228 | + | (3)(A)In any case in which the employer has reason to doubt the validity of the certification provided pursuant to this section, the employer may require, at the employers expense, that the employee obtain the opinion of a second health care provider, designated or approved by the employer, concerning any information certified under paragraph (1). |
|---|
| 229 | + | |
|---|
| 230 | + | |
|---|
| 231 | + | |
|---|
| 232 | + | (B)The health care provider designated or approved under subparagraph (A) shall not be employed on a regular basis by the employer. |
|---|
| 233 | + | |
|---|
| 234 | + | |
|---|
| 235 | + | |
|---|
| 236 | + | (C)In any case in which the second opinion described in subparagraph (A) differs from the opinion in the original certification, the employer may require, at the employers expense, that the employee obtain the opinion of a third health care provider, designated or approved jointly by the employer and the employee, concerning the information certified under paragraph (1). |
|---|
| 237 | + | |
|---|
| 238 | + | |
|---|
| 239 | + | |
|---|
| 240 | + | (D)The opinion of the third health care provider concerning the information certified under paragraph (1) shall be considered to be final and shall be binding on the employer and the employee. |
|---|
| 241 | + | |
|---|
| 242 | + | |
|---|
| 243 | + | |
|---|
| 244 | + | (4)As a condition of an employees return from leave taken because of the employees own serious health condition, the employer may have a uniformly applied practice or policy that requires the employee to obtain certification from the employees health care provider that the employee is able to resume work. Nothing in this paragraph shall supersede a valid collective bargaining agreement that governs the return to work of that employee. |
|---|
| 245 | + | |
|---|
| 246 | + | |
|---|
| 247 | + | |
|---|
| 248 | + | (l)It shall be an unlawful employment practice for an employer to refuse to hire, or to discharge, fine, suspend, expel, or discriminate against, any individual because of any of the following: |
|---|
| 249 | + | |
|---|
| 250 | + | |
|---|
| 251 | + | |
|---|
| 252 | + | (1)An individuals exercise of the right to family care and medical leave provided by subdivision (a). |
|---|
| 253 | + | |
|---|
| 254 | + | |
|---|
| 255 | + | |
|---|
| 256 | + | (2)An individuals giving information or testimony as to the individuals own family care and medical leave, or another persons family care and medical leave, in any inquiry or proceeding related to rights guaranteed under this section. |
|---|
| 257 | + | |
|---|
| 258 | + | |
|---|
| 259 | + | |
|---|
| 260 | + | (m)This section shall not be construed to require any changes in existing collective bargaining agreements during the life of the contract, or until January 1, 1993, whichever occurs first. |
|---|
| 261 | + | |
|---|
| 262 | + | |
|---|
| 263 | + | |
|---|
| 264 | + | (n)The amendments made to this section by Chapter 827 of the Statutes of 1993 shall not be construed to require any changes in existing collective bargaining agreements during the life of the contract, or until February 5, 1994, whichever occurs first. |
|---|
| 265 | + | |
|---|
| 266 | + | |
|---|
| 267 | + | |
|---|
| 268 | + | (o)This section shall be construed as separate and distinct from Section 12945. |
|---|
| 269 | + | |
|---|
| 270 | + | |
|---|
| 271 | + | |
|---|
| 272 | + | (p)Leave provided for pursuant to this section may be taken in one or more periods. The 12-month period during which 12 workweeks of leave may be taken under this section shall run concurrently with the 12-month period under the FMLA, and shall commence the date leave taken under the FMLA commences. |
|---|
| 273 | + | |
|---|
| 274 | + | |
|---|
| 275 | + | |
|---|
| 276 | + | (q)In any case in which both parents entitled to leave under subdivision (a) are employed by the same employer, the employer shall not be required to grant leave in connection with the birth, adoption, or foster care of a child that would allow the parents family care and medical leave totaling more than the amount specified in subdivision (a). |
|---|
| 277 | + | |
|---|
| 278 | + | |
|---|
| 279 | + | |
|---|
| 280 | + | (r)(1)Notwithstanding subdivision (a), an employer may refuse to reinstate an employee returning from leave to the same or a comparable position if all of the following apply: |
|---|
| 281 | + | |
|---|
| 282 | + | |
|---|
| 283 | + | |
|---|
| 284 | + | (A)The employee is a salaried employee who is among the highest paid 10 percent of the employers employees who are employed within 75 miles of the worksite at which that employee is employed. |
|---|
| 285 | + | |
|---|
| 286 | + | |
|---|
| 287 | + | |
|---|
| 288 | + | (B)The refusal is necessary to prevent substantial and grievous economic injury to the operations of the employer. |
|---|
| 289 | + | |
|---|
| 290 | + | |
|---|
| 291 | + | |
|---|
| 292 | + | (C)The employer notifies the employee of the intent to refuse reinstatement at the time the employer determines the refusal is necessary under subparagraph (B). |
|---|
| 293 | + | |
|---|
| 294 | + | |
|---|
| 295 | + | |
|---|
| 296 | + | (2)In any case in which the leave has already commenced, the employer shall give the employee a reasonable opportunity to return to work following the notice prescribed by subparagraph (C). |
|---|
| 297 | + | |
|---|
| 298 | + | |
|---|
| 299 | + | |
|---|
| 300 | + | (s)Leave taken by an employee pursuant to this section shall run concurrently with leave taken pursuant to the FMLA, except for any leave taken under the FMLA for disability on account of pregnancy, childbirth, or related medical conditions. The aggregate amount of leave taken under this section or the FMLA, or both, except for leave taken for disability on account of pregnancy, childbirth, or related medical conditions, shall not exceed 12 workweeks in a 12-month period. An employee is entitled to take, in addition to the leave provided for under this section and the FMLA, the leave provided for in Section 12945, if the employee is otherwise qualified for that leave. |
|---|
| 301 | + | |
|---|
| 302 | + | |
|---|
| 303 | + | |
|---|
| 304 | + | (t)It shall be an unlawful employment practice for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section. |
|---|
| 305 | + | |
|---|
| 306 | + | |
|---|
| 307 | + | |
|---|
| 308 | + | |
|---|
| 309 | + | |
|---|
| 310 | + | |
|---|
| 311 | + | |
|---|
| 312 | + | (a)It shall be an unlawful employment practice for an employer to do any of the following: |
|---|
| 313 | + | |
|---|
| 314 | + | |
|---|
| 315 | + | |
|---|
| 316 | + | (1)Refuse to allow an employee with more than 12 months of service with the employer and who works at a worksite in which the employer employs at least 20 employees within 75 miles, upon request, to take up to 12 weeks of parental leave to bond with a new child within one year of the childs birth, adoption, or foster care placement. If, on or before the commencement of this parental leave, the employer does not provide a guarantee of employment in the same or a comparable position upon the termination of the leave, the employer shall be deemed to have refused to allow the leave. The employee shall be entitled to utilize accrued vacation pay, paid sick time, other accrued paid time off, or other paid or unpaid time off negotiated with the employer, during the period of parental leave. |
|---|
| 317 | + | |
|---|
| 318 | + | |
|---|
| 319 | + | |
|---|
| 320 | + | (2)Refuse to maintain and pay for coverage for an eligible employee who takes parental leave pursuant to this section under a group health plan, as defined in Section 5000(b)(1) of the Internal Revenue Code of 1986, for the duration of the leave, not to exceed 12 weeks over the course of a 12-month period, commencing on the date that the parental leave commences, at the level and under the conditions that coverage would have been provided if the employee had continued to work in their position for the duration of the leave. |
|---|
| 321 | + | |
|---|
| 322 | + | |
|---|
| 323 | + | |
|---|
| 324 | + | (b)An employee is entitled to take, in addition to the leave provided pursuant to this section, leave provided pursuant to Section 12945 if the employee is otherwise qualified for that leave. |
|---|
| 325 | + | |
|---|
| 326 | + | |
|---|
| 327 | + | |
|---|
| 328 | + | (c)This section shall not apply to an employee who is subject to both Section 12945.2 and the federal Family and Medical Leave Act of 1993. |
|---|
| 329 | + | |
|---|
| 330 | + | |
|---|
| 331 | + | |
|---|
| 332 | + | (d)An employer may recover the premium that the employer paid as required by this section for maintaining coverage for the employee under the group health plan, if both of the following conditions occur: |
|---|
| 333 | + | |
|---|
| 334 | + | |
|---|
| 335 | + | |
|---|
| 336 | + | (1)The employee fails to return from leave after the period of leave to which the employee is entitled has expired. |
|---|
| 337 | + | |
|---|
| 338 | + | |
|---|
| 339 | + | |
|---|
| 340 | + | (2)The failure of the employee to return from leave is for a reason other than the continuation, recurrence, or onset of a serious health condition or other circumstances beyond the control of the employee. |
|---|
| 341 | + | |
|---|
| 342 | + | |
|---|
| 343 | + | |
|---|
| 344 | + | (e)In any case in which both parents entitled to leave under subdivision (a) are employed by the same employer, the employer is not required to grant leave in connection with the birth, adoption, or foster care of a child that would allow the parents parental leave totaling more than the amount specified in subdivision (a). The employer may, but is not required to, grant simultaneous leave to both of these employees. |
|---|
| 345 | + | |
|---|
| 346 | + | |
|---|
| 347 | + | |
|---|
| 348 | + | (f)Parental leave taken pursuant to this section shall run concurrently to parental leave taken as described in Sections 44977.5, 45196.1, 87780.1, and 88196.1 of the Education Code. |
|---|
| 349 | + | |
|---|
| 350 | + | |
|---|
| 351 | + | |
|---|
| 352 | + | (g)It shall be an unlawful employment practice for an employer to refuse to hire, or to discharge, fine, suspend, expel, or discriminate against, an individual because of either of the following: |
|---|
| 353 | + | |
|---|
| 354 | + | |
|---|
| 355 | + | |
|---|
| 356 | + | (1)An individuals exercise of the right to parental leave provided by subdivision (a). |
|---|
| 357 | + | |
|---|
| 358 | + | |
|---|
| 359 | + | |
|---|
| 360 | + | (2)An individuals giving information or testimony as to their own parental leave, or another persons parental leave, in an inquiry or proceeding related to rights guaranteed under this section. |
|---|
| 361 | + | |
|---|
| 362 | + | |
|---|
| 363 | + | |
|---|
| 364 | + | (h)It shall be an unlawful employment practice for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section. |
|---|
| 365 | + | |
|---|
| 366 | + | |
|---|
| 367 | + | |
|---|
| 368 | + | (i)For purposes of this section, employer means either of the following: |
|---|
| 369 | + | |
|---|
| 370 | + | |
|---|
| 371 | + | |
|---|
| 372 | + | (1)A person who directly employs 20 or more persons to perform services for a wage or salary. |
|---|
| 373 | + | |
|---|
| 374 | + | |
|---|
| 375 | + | |
|---|
| 376 | + | (2)The state, and any political or civil subdivision of the state and cities. |
|---|
| 377 | + | |
|---|
| 378 | + | |
|---|
| 379 | + | |
|---|
| 380 | + | (j)To the extent that state regulations interpreting the Moore-Brown-Roberti Family Rights Act, also known as the California Family Rights Act (Sections 12945.2 and 19702.3), are within the scope of, and not inconsistent with this section or with other state law, including the California Constitution, the council shall incorporate those regulations by reference to govern leave under this section. |
|---|
| 381 | + | |
|---|
| 382 | + | |
|---|
| 383 | + | |
|---|
| 384 | + | (k)This section shall take effect January 1, 2020. |
|---|
| 385 | + | |
|---|
| 386 | + | |
|---|
| 387 | + | |
|---|
| 388 | + | SECTION 1. Section 12945.7 is added to the Government Code, to read:12945.7. (a) Notwithstanding any other law, it shall be an unlawful business practice for an employer to refuse to allow an employee who has worked for 900 hours or more for the employer in the prior 12 months to take leave, upon request and without a determination by their physician that they are disabled, so long as all other conditions for taking leave under the California Family Rights Act leave are satisfied.(b) The leave available under this section is separate from any leave available under the California Family Rights Act and shall not be required to be taken concurrently with leave available under that act. |
|---|
| 389 | + | |
|---|
| 390 | + | SECTION 1. Section 12945.7 is added to the Government Code, to read: |
|---|
| 391 | + | |
|---|
| 392 | + | ### SECTION 1. |
|---|
| 393 | + | |
|---|
| 394 | + | 12945.7. (a) Notwithstanding any other law, it shall be an unlawful business practice for an employer to refuse to allow an employee who has worked for 900 hours or more for the employer in the prior 12 months to take leave, upon request and without a determination by their physician that they are disabled, so long as all other conditions for taking leave under the California Family Rights Act leave are satisfied.(b) The leave available under this section is separate from any leave available under the California Family Rights Act and shall not be required to be taken concurrently with leave available under that act. |
|---|
| 395 | + | |
|---|
| 396 | + | 12945.7. (a) Notwithstanding any other law, it shall be an unlawful business practice for an employer to refuse to allow an employee who has worked for 900 hours or more for the employer in the prior 12 months to take leave, upon request and without a determination by their physician that they are disabled, so long as all other conditions for taking leave under the California Family Rights Act leave are satisfied.(b) The leave available under this section is separate from any leave available under the California Family Rights Act and shall not be required to be taken concurrently with leave available under that act. |
|---|
| 397 | + | |
|---|
| 398 | + | 12945.7. (a) Notwithstanding any other law, it shall be an unlawful business practice for an employer to refuse to allow an employee who has worked for 900 hours or more for the employer in the prior 12 months to take leave, upon request and without a determination by their physician that they are disabled, so long as all other conditions for taking leave under the California Family Rights Act leave are satisfied.(b) The leave available under this section is separate from any leave available under the California Family Rights Act and shall not be required to be taken concurrently with leave available under that act. |
|---|
| 399 | + | |
|---|
| 400 | + | |
|---|
| 401 | + | |
|---|
| 402 | + | 12945.7. (a) Notwithstanding any other law, it shall be an unlawful business practice for an employer to refuse to allow an employee who has worked for 900 hours or more for the employer in the prior 12 months to take leave, upon request and without a determination by their physician that they are disabled, so long as all other conditions for taking leave under the California Family Rights Act leave are satisfied. |
|---|
| 403 | + | |
|---|
| 404 | + | (b) The leave available under this section is separate from any leave available under the California Family Rights Act and shall not be required to be taken concurrently with leave available under that act. |
|---|
| 405 | + | |
|---|
| 406 | + | SEC. 3.SEC. 2. Section 3301 of the Unemployment Insurance Code, as amended by Section 1 of Chapter 849 of the Statutes of 2018, 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 individuals 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 their weekly benefit amount for each full day during which they are 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 their 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 their 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) (1) No more than 12 weeks of family temporary disability insurance benefits shall be paid within any 12-month period.(2) Each qualifying event shall be eligible for a maximum of six weeks of family temporary disability insurance benefits. The maximum number of qualifying events for any 12-month period is two. (d)(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.(e)(f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. |
|---|
| 407 | + | |
|---|
| 408 | + | SEC. 3.SEC. 2. Section 3301 of the Unemployment Insurance Code, as amended by Section 1 of Chapter 849 of the Statutes of 2018, is amended to read: |
|---|
| 409 | + | |
|---|
| 410 | + | ### SEC. 3.SEC. 2. |
|---|
| 411 | + | |
|---|
| 412 | + | 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 individuals 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 their weekly benefit amount for each full day during which they are 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 their 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 their 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) (1) No more than 12 weeks of family temporary disability insurance benefits shall be paid within any 12-month period.(2) Each qualifying event shall be eligible for a maximum of six weeks of family temporary disability insurance benefits. The maximum number of qualifying events for any 12-month period is two. (d)(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.(e)(f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. |
|---|
| 413 | + | |
|---|
| 414 | + | 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 individuals 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 their weekly benefit amount for each full day during which they are 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 their 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 their 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) (1) No more than 12 weeks of family temporary disability insurance benefits shall be paid within any 12-month period.(2) Each qualifying event shall be eligible for a maximum of six weeks of family temporary disability insurance benefits. The maximum number of qualifying events for any 12-month period is two. (d)(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.(e)(f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. |
|---|
| 415 | + | |
|---|
| 416 | + | 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 individuals 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 their weekly benefit amount for each full day during which they are 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 their 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 their 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) (1) No more than 12 weeks of family temporary disability insurance benefits shall be paid within any 12-month period.(2) Each qualifying event shall be eligible for a maximum of six weeks of family temporary disability insurance benefits. The maximum number of qualifying events for any 12-month period is two. (d)(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.(e)(f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. |
|---|