| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Amended IN Senate | |
| 1 | + | Amended IN Senate May 05, 2020 Amended IN Assembly March 26, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 196Introduced by Assembly Member GonzalezJanuary 10, 2019An act to amend Section 3301 of the Unemployment Insurance Code, relating to paid family leave, and making an appropriation therefor. An act to add Section 3213.5 to the Labor Code, relating to workers compensation.LEGISLATIVE COUNSEL'S DIGESTAB 196, as amended, Gonzalez. Paid family leave. Workers compensation: COVID-19: essential occupations and industries.Existing law establishes a workers compensation system, administered by the Administrative Director of the Division of Workers Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law creates a disputable presumption that specified injuries sustained in the course of employment of a specified member of law enforcement or a specified first responder arose out of and in the course of employment.This bill would define injury, for certain employees who are employed in an occupation or industry deemed essential in the Governors Executive Order of March 19, 2020 (Executive Order N-33-20), except as specified, or who are subsequently deemed essential, to include coronavirus disease 2019 (COVID-19) that develops or manifests itself during a period of employment of those persons in the essential occupation or industry. The bill would apply to injuries occurring on or after March 1, 2020, would create a conclusive presumption, as specified, that the injury arose out of and in the course of the employment, and would extend that presumption following termination of service for a period of 90 days, commencing with the last date actually worked.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.Existing law establishes, within the state disability insurance program, a family temporary disability insurance program, also known as the paid family leave program, for the provision of wage replacement benefits for up to 6 weeks to workers who take time off work to care for a seriously ill family member or to bond with a minor child within one year of birth or placement, as specified. Existing law defines weekly benefit amount for purposes of both employee contributions and benefits under this program to mean the amount of weekly benefits available to qualifying disabled individuals pursuant to unemployment compensation disability law, calculated pursuant to specified formulas partly based on the applicable percentage of the wages paid to an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest, but not to exceed the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations.This bill would revise the formula for determining benefits available pursuant to the family temporary disability insurance program, for periods of disability commencing after January 1, 2020, by redefining the weekly benefit amount to be equal to 100% of the wages paid to an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest, divided by 13, but not exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations.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: YESNO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 3213.5 is added to the Labor Code, to read:3213.5. (a) In the case of an employee, other than a person described in subdivision (b), who is employed in an occupation or industry deemed essential in the Governors Executive Order of March 19, 2020 (Executive Order N-33-20), or who is subsequently deemed essential, the term injury, as used in this section, includes coronavirus disease 2019 (COVID-19) that develops or manifests itself during a period of the persons employment in the essential occupation or industry.(b) This section does not apply to any of the following persons:(1) Active firefighting members, whether volunteers, partly paid, or fully paid, of all of the following fire departments:(A) A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision.(B) A fire department of the University of California and the California State University.(C) The Department of Forestry and Fire Protection.(D) A county forestry or firefighting department or unit.(2) Peace officers, as defined in Section 830 of the Penal Code.(3) Health care employees who provide direct patient care in an acute care hospital, as defined in subdivision (a) or (b) of Section 1250 of the Health and Safety Code.(4) Fire and rescue services coordinators who work for the Office of Emergency Services.(c) The compensation awarded for an injury described in subdivision (a) shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.(d) The injury described in subdivision (a) so developing or manifesting itself shall be conclusively presumed to arise out of and in the course of employment.(e) The presumption described in subdivision (d) shall be extended to the employee following termination of service for a period of 90 days, commencing with the last date actually worked.(f) This section applies to an injury that occurs on or after March 1, 2020.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)(1)An individuals weekly benefit amount for periods of disability commencing before January 1, 2020, shall be the amount provided in Section 2655, and for periods of disability commencing on or after January 1, 2020, shall be the amount provided in paragraph (2). An individual is eligible to receive family temporary disability insurance benefits equal to one-seventh of the individuals weekly benefit amount for each full day during which the individual is unable to work due to caring for a seriously ill or injured family member or bonding with a minor child within one year of the birth or placement of the child in connection with foster care or adoption.(2)For periods of disability commencing on or after January 1, 2020, the weekly benefit amount shall be equal to 100 percent of the wages paid to an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest, divided by 13, but not exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code.(c)The maximum amount payable to an individual during any disability benefit period for family temporary disability insurance shall be six times the individuals 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 the individuals disability base period. If the benefit is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1).(d)No more than six weeks of family temporary disability insurance benefits shall be paid within any 12-month period.(e)An individual shall file a claim for family temporary disability insurance benefits not later than the 41st consecutive day following the first compensable day with respect to which the claim is made for benefits, which time shall be extended by the department upon a showing of good cause. If a first claim is not complete, the claim form shall be returned to the claimant for completion and it shall be completed and returned not later than the 10th consecutive day after the date it was mailed by the department to the claimant, except that such time shall be extended by the department upon a showing of good cause.(f)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 2.Section 3301 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)(1)An individuals weekly benefit amount shall be the amount provided in paragraph (2). An individual is eligible to receive family temporary disability insurance benefits equal to one-seventh of the individuals weekly benefit amount for each full day during which the individual is unable to work due to caring for a seriously ill or injured family member, bonding with a minor child within one year of the birth or placement of the child in connection with foster care or adoption, or participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.(2)The weekly benefit amount shall be equal to 100 percent of the wages paid to an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest, divided by 13, but not exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code.(c)The maximum amount payable to an individual during any disability benefit period for family temporary disability insurance shall be six times the individuals 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 the individuals disability base period. If the benefit is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1).(d)No more than six weeks of family temporary disability insurance benefits shall be paid within any 12-month period.(e)An individual shall file a claim for family temporary disability insurance benefits not later than the 41st consecutive day following the first compensable day with respect to which the claim is made for benefits, which time shall be extended by the department upon a showing of good cause. If a first claim is not complete, the claim form shall be returned to the claimant for completion and it shall be completed and returned not later than the 10th consecutive day after the date it was mailed by the department to the claimant, except that such time shall be extended by the department upon a showing of good cause.(f)This section shall become operative on January 1, 2021. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Senate May 05, 2020 Amended IN Assembly March 26, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 196Introduced by Assembly Member GonzalezJanuary 10, 2019An act to amend Section 3301 of the Unemployment Insurance Code, relating to paid family leave, and making an appropriation therefor. An act to add Section 3213.5 to the Labor Code, relating to workers compensation.LEGISLATIVE COUNSEL'S DIGESTAB 196, as amended, Gonzalez. Paid family leave. Workers compensation: COVID-19: essential occupations and industries.Existing law establishes a workers compensation system, administered by the Administrative Director of the Division of Workers Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law creates a disputable presumption that specified injuries sustained in the course of employment of a specified member of law enforcement or a specified first responder arose out of and in the course of employment.This bill would define injury, for certain employees who are employed in an occupation or industry deemed essential in the Governors Executive Order of March 19, 2020 (Executive Order N-33-20), except as specified, or who are subsequently deemed essential, to include coronavirus disease 2019 (COVID-19) that develops or manifests itself during a period of employment of those persons in the essential occupation or industry. The bill would apply to injuries occurring on or after March 1, 2020, would create a conclusive presumption, as specified, that the injury arose out of and in the course of the employment, and would extend that presumption following termination of service for a period of 90 days, commencing with the last date actually worked.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.Existing law establishes, within the state disability insurance program, a family temporary disability insurance program, also known as the paid family leave program, for the provision of wage replacement benefits for up to 6 weeks to workers who take time off work to care for a seriously ill family member or to bond with a minor child within one year of birth or placement, as specified. Existing law defines weekly benefit amount for purposes of both employee contributions and benefits under this program to mean the amount of weekly benefits available to qualifying disabled individuals pursuant to unemployment compensation disability law, calculated pursuant to specified formulas partly based on the applicable percentage of the wages paid to an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest, but not to exceed the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations.This bill would revise the formula for determining benefits available pursuant to the family temporary disability insurance program, for periods of disability commencing after January 1, 2020, by redefining the weekly benefit amount to be equal to 100% of the wages paid to an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest, divided by 13, but not exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations.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: YESNO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate May 05, 2020 Amended IN Assembly March 26, 2019 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate August 25, 2020 | |
| 8 | 7 | Amended IN Senate May 05, 2020 | |
| 9 | 8 | Amended IN Assembly March 26, 2019 | |
| 10 | 9 | ||
| 11 | 10 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 12 | 11 | ||
| 13 | 12 | Assembly Bill | |
| 14 | 13 | ||
| 15 | 14 | No. 196 | |
| 16 | 15 | ||
| 17 | 16 | Introduced by Assembly Member GonzalezJanuary 10, 2019 | |
| 18 | 17 | ||
| 19 | 18 | Introduced by Assembly Member Gonzalez | |
| 20 | 19 | January 10, 2019 | |
| 21 | 20 | ||
| 22 | - | An act to add Section 3213.5 to the Labor Code, relating to workers compensation. | |
| 21 | + | An act to amend Section 3301 of the Unemployment Insurance Code, relating to paid family leave, and making an appropriation therefor. An act to add Section 3213.5 to the Labor Code, relating to workers compensation. | |
| 23 | 22 | ||
| 24 | 23 | LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 24 | ||
| 26 | 25 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 27 | 26 | ||
| 28 | - | AB 196, as amended, Gonzalez. Workers compensation: COVID-19: essential occupations and industries. | |
| 27 | + | AB 196, as amended, Gonzalez. Paid family leave. Workers compensation: COVID-19: essential occupations and industries. | |
| 29 | 28 | ||
| 30 | - | Existing law establishes a workers compensation system, administered by the Administrative Director of the Division of Workers Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law creates a disputable presumption that specified injuries sustained in the course of employment of a specified member of law enforcement or a specified first responder arose out of and in the course of employment | |
| 29 | + | Existing law establishes a workers compensation system, administered by the Administrative Director of the Division of Workers Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law creates a disputable presumption that specified injuries sustained in the course of employment of a specified member of law enforcement or a specified first responder arose out of and in the course of employment.This bill would define injury, for certain employees who are employed in an occupation or industry deemed essential in the Governors Executive Order of March 19, 2020 (Executive Order N-33-20), except as specified, or who are subsequently deemed essential, to include coronavirus disease 2019 (COVID-19) that develops or manifests itself during a period of employment of those persons in the essential occupation or industry. The bill would apply to injuries occurring on or after March 1, 2020, would create a conclusive presumption, as specified, that the injury arose out of and in the course of the employment, and would extend that presumption following termination of service for a period of 90 days, commencing with the last date actually worked.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.Existing law establishes, within the state disability insurance program, a family temporary disability insurance program, also known as the paid family leave program, for the provision of wage replacement benefits for up to 6 weeks to workers who take time off work to care for a seriously ill family member or to bond with a minor child within one year of birth or placement, as specified. Existing law defines weekly benefit amount for purposes of both employee contributions and benefits under this program to mean the amount of weekly benefits available to qualifying disabled individuals pursuant to unemployment compensation disability law, calculated pursuant to specified formulas partly based on the applicable percentage of the wages paid to an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest, but not to exceed the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations.This bill would revise the formula for determining benefits available pursuant to the family temporary disability insurance program, for periods of disability commencing after January 1, 2020, by redefining the weekly benefit amount to be equal to 100% of the wages paid to an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest, divided by 13, but not exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations.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. | |
| 31 | 30 | ||
| 32 | - | Existing law establishes a workers compensation system, administered by the Administrative Director of the Division of Workers Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law creates a disputable presumption that specified injuries sustained in the course of employment of a specified member of law enforcement or a specified first responder arose out of and in the course of employment. | |
| 31 | + | Existing law establishes a workers compensation system, administered by the Administrative Director of the Division of Workers Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law creates a disputable presumption that specified injuries sustained in the course of employment of a specified member of law enforcement or a specified first responder arose out of and in the course of employment. | |
| 33 | 32 | ||
| 34 | - | This bill would define injury, for certain employees who are employed in an occupation or industry deemed essential in the Governors Executive Order of March 19, 2020 (Executive Order N-33-20), except as specified, or who are subsequently deemed essential, to include coronavirus disease 2019 (COVID-19) that develops or manifests itself during a period of employment of those persons in the essential occupation or industry. The bill would apply to injuries occurring on or after March 1, 2020, would create a conclusive disputable presumption, as specified, that the injury arose out of and in the course of the employment, and would extend that presumption following termination of service for a period of 90 days, commencing with the last date actually worked. The bill would shorten the investigatory timeframe for denial or presumed acceptance of a claim to 30 days, rather than 90 days. | |
| 33 | + | This bill would define injury, for certain employees who are employed in an occupation or industry deemed essential in the Governors Executive Order of March 19, 2020 (Executive Order N-33-20), except as specified, or who are subsequently deemed essential, to include coronavirus disease 2019 (COVID-19) that develops or manifests itself during a period of employment of those persons in the essential occupation or industry. The bill would apply to injuries occurring on or after March 1, 2020, would create a conclusive presumption, as specified, that the injury arose out of and in the course of the employment, and would extend that presumption following termination of service for a period of 90 days, commencing with the last date actually worked. | |
| 34 | + | ||
| 35 | + | 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. | |
| 36 | + | ||
| 37 | + | ||
| 38 | + | ||
| 39 | + | Existing law establishes, within the state disability insurance program, a family temporary disability insurance program, also known as the paid family leave program, for the provision of wage replacement benefits for up to 6 weeks to workers who take time off work to care for a seriously ill family member or to bond with a minor child within one year of birth or placement, as specified. Existing law defines weekly benefit amount for purposes of both employee contributions and benefits under this program to mean the amount of weekly benefits available to qualifying disabled individuals pursuant to unemployment compensation disability law, calculated pursuant to specified formulas partly based on the applicable percentage of the wages paid to an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest, but not to exceed the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations. | |
| 40 | + | ||
| 41 | + | ||
| 42 | + | ||
| 43 | + | This bill would revise the formula for determining benefits available pursuant to the family temporary disability insurance program, for periods of disability commencing after January 1, 2020, by redefining the weekly benefit amount to be equal to 100% of the wages paid to an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest, divided by 13, but not exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations. | |
| 44 | + | ||
| 45 | + | ||
| 46 | + | ||
| 47 | + | 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. | |
| 48 | + | ||
| 49 | + | ||
| 35 | 50 | ||
| 36 | 51 | ## Digest Key | |
| 37 | 52 | ||
| 38 | 53 | ## Bill Text | |
| 39 | 54 | ||
| 40 | - | The people of the State of California do enact as follows:SECTION 1. Section 3213.5 is added to the Labor Code, to read:3213.5. (a) In the case of an employee, other than a person described in subdivision (b), who is employed in an occupation or industry deemed essential in the Governors Executive Order of March 19, 2020 (Executive Order N-33-20), | |
| 55 | + | The people of the State of California do enact as follows:SECTION 1. Section 3213.5 is added to the Labor Code, to read:3213.5. (a) In the case of an employee, other than a person described in subdivision (b), who is employed in an occupation or industry deemed essential in the Governors Executive Order of March 19, 2020 (Executive Order N-33-20), or who is subsequently deemed essential, the term injury, as used in this section, includes coronavirus disease 2019 (COVID-19) that develops or manifests itself during a period of the persons employment in the essential occupation or industry.(b) This section does not apply to any of the following persons:(1) Active firefighting members, whether volunteers, partly paid, or fully paid, of all of the following fire departments:(A) A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision.(B) A fire department of the University of California and the California State University.(C) The Department of Forestry and Fire Protection.(D) A county forestry or firefighting department or unit.(2) Peace officers, as defined in Section 830 of the Penal Code.(3) Health care employees who provide direct patient care in an acute care hospital, as defined in subdivision (a) or (b) of Section 1250 of the Health and Safety Code.(4) Fire and rescue services coordinators who work for the Office of Emergency Services.(c) The compensation awarded for an injury described in subdivision (a) shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.(d) The injury described in subdivision (a) so developing or manifesting itself shall be conclusively presumed to arise out of and in the course of employment.(e) The presumption described in subdivision (d) shall be extended to the employee following termination of service for a period of 90 days, commencing with the last date actually worked.(f) This section applies to an injury that occurs on or after March 1, 2020.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)(1)An individuals weekly benefit amount for periods of disability commencing before January 1, 2020, shall be the amount provided in Section 2655, and for periods of disability commencing on or after January 1, 2020, shall be the amount provided in paragraph (2). An individual is eligible to receive family temporary disability insurance benefits equal to one-seventh of the individuals weekly benefit amount for each full day during which the individual is unable to work due to caring for a seriously ill or injured family member or bonding with a minor child within one year of the birth or placement of the child in connection with foster care or adoption.(2)For periods of disability commencing on or after January 1, 2020, the weekly benefit amount shall be equal to 100 percent of the wages paid to an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest, divided by 13, but not exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code.(c)The maximum amount payable to an individual during any disability benefit period for family temporary disability insurance shall be six times the individuals 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 the individuals disability base period. If the benefit is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1).(d)No more than six weeks of family temporary disability insurance benefits shall be paid within any 12-month period.(e)An individual shall file a claim for family temporary disability insurance benefits not later than the 41st consecutive day following the first compensable day with respect to which the claim is made for benefits, which time shall be extended by the department upon a showing of good cause. If a first claim is not complete, the claim form shall be returned to the claimant for completion and it shall be completed and returned not later than the 10th consecutive day after the date it was mailed by the department to the claimant, except that such time shall be extended by the department upon a showing of good cause.(f)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 2.Section 3301 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)(1)An individuals weekly benefit amount shall be the amount provided in paragraph (2). An individual is eligible to receive family temporary disability insurance benefits equal to one-seventh of the individuals weekly benefit amount for each full day during which the individual is unable to work due to caring for a seriously ill or injured family member, bonding with a minor child within one year of the birth or placement of the child in connection with foster care or adoption, or participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States.(2)The weekly benefit amount shall be equal to 100 percent of the wages paid to an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest, divided by 13, but not exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code.(c)The maximum amount payable to an individual during any disability benefit period for family temporary disability insurance shall be six times the individuals 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 the individuals disability base period. If the benefit is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1).(d)No more than six weeks of family temporary disability insurance benefits shall be paid within any 12-month period.(e)An individual shall file a claim for family temporary disability insurance benefits not later than the 41st consecutive day following the first compensable day with respect to which the claim is made for benefits, which time shall be extended by the department upon a showing of good cause. If a first claim is not complete, the claim form shall be returned to the claimant for completion and it shall be completed and returned not later than the 10th consecutive day after the date it was mailed by the department to the claimant, except that such time shall be extended by the department upon a showing of good cause.(f)This section shall become operative on January 1, 2021. | |
| 41 | 56 | ||
| 42 | 57 | The people of the State of California do enact as follows: | |
| 43 | 58 | ||
| 44 | 59 | ## The people of the State of California do enact as follows: | |
| 45 | 60 | ||
| 46 | - | SECTION 1. Section 3213.5 is added to the Labor Code, to read:3213.5. (a) In the case of an employee, other than a person described in subdivision (b), who is employed in an occupation or industry deemed essential in the Governors Executive Order of March 19, 2020 (Executive Order N-33-20) | |
| 61 | + | SECTION 1. Section 3213.5 is added to the Labor Code, to read:3213.5. (a) In the case of an employee, other than a person described in subdivision (b), who is employed in an occupation or industry deemed essential in the Governors Executive Order of March 19, 2020 (Executive Order N-33-20), or who is subsequently deemed essential, the term injury, as used in this section, includes coronavirus disease 2019 (COVID-19) that develops or manifests itself during a period of the persons employment in the essential occupation or industry.(b) This section does not apply to any of the following persons:(1) Active firefighting members, whether volunteers, partly paid, or fully paid, of all of the following fire departments:(A) A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision.(B) A fire department of the University of California and the California State University.(C) The Department of Forestry and Fire Protection.(D) A county forestry or firefighting department or unit.(2) Peace officers, as defined in Section 830 of the Penal Code.(3) Health care employees who provide direct patient care in an acute care hospital, as defined in subdivision (a) or (b) of Section 1250 of the Health and Safety Code.(4) Fire and rescue services coordinators who work for the Office of Emergency Services.(c) The compensation awarded for an injury described in subdivision (a) shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.(d) The injury described in subdivision (a) so developing or manifesting itself shall be conclusively presumed to arise out of and in the course of employment.(e) The presumption described in subdivision (d) shall be extended to the employee following termination of service for a period of 90 days, commencing with the last date actually worked.(f) This section applies to an injury that occurs on or after March 1, 2020. | |
| 47 | 62 | ||
| 48 | 63 | SECTION 1. Section 3213.5 is added to the Labor Code, to read: | |
| 49 | 64 | ||
| 50 | 65 | ### SECTION 1. | |
| 51 | 66 | ||
| 52 | - | 3213.5. (a) In the case of an employee, other than a person described in subdivision (b), who is employed in an occupation or industry deemed essential in the Governors Executive Order of March 19, 2020 (Executive Order N-33-20) | |
| 67 | + | 3213.5. (a) In the case of an employee, other than a person described in subdivision (b), who is employed in an occupation or industry deemed essential in the Governors Executive Order of March 19, 2020 (Executive Order N-33-20), or who is subsequently deemed essential, the term injury, as used in this section, includes coronavirus disease 2019 (COVID-19) that develops or manifests itself during a period of the persons employment in the essential occupation or industry.(b) This section does not apply to any of the following persons:(1) Active firefighting members, whether volunteers, partly paid, or fully paid, of all of the following fire departments:(A) A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision.(B) A fire department of the University of California and the California State University.(C) The Department of Forestry and Fire Protection.(D) A county forestry or firefighting department or unit.(2) Peace officers, as defined in Section 830 of the Penal Code.(3) Health care employees who provide direct patient care in an acute care hospital, as defined in subdivision (a) or (b) of Section 1250 of the Health and Safety Code.(4) Fire and rescue services coordinators who work for the Office of Emergency Services.(c) The compensation awarded for an injury described in subdivision (a) shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.(d) The injury described in subdivision (a) so developing or manifesting itself shall be conclusively presumed to arise out of and in the course of employment.(e) The presumption described in subdivision (d) shall be extended to the employee following termination of service for a period of 90 days, commencing with the last date actually worked.(f) This section applies to an injury that occurs on or after March 1, 2020. | |
| 53 | 68 | ||
| 54 | - | 3213.5. (a) In the case of an employee, other than a person described in subdivision (b), who is employed in an occupation or industry deemed essential in the Governors Executive Order of March 19, 2020 (Executive Order N-33-20) | |
| 69 | + | 3213.5. (a) In the case of an employee, other than a person described in subdivision (b), who is employed in an occupation or industry deemed essential in the Governors Executive Order of March 19, 2020 (Executive Order N-33-20), or who is subsequently deemed essential, the term injury, as used in this section, includes coronavirus disease 2019 (COVID-19) that develops or manifests itself during a period of the persons employment in the essential occupation or industry.(b) This section does not apply to any of the following persons:(1) Active firefighting members, whether volunteers, partly paid, or fully paid, of all of the following fire departments:(A) A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision.(B) A fire department of the University of California and the California State University.(C) The Department of Forestry and Fire Protection.(D) A county forestry or firefighting department or unit.(2) Peace officers, as defined in Section 830 of the Penal Code.(3) Health care employees who provide direct patient care in an acute care hospital, as defined in subdivision (a) or (b) of Section 1250 of the Health and Safety Code.(4) Fire and rescue services coordinators who work for the Office of Emergency Services.(c) The compensation awarded for an injury described in subdivision (a) shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.(d) The injury described in subdivision (a) so developing or manifesting itself shall be conclusively presumed to arise out of and in the course of employment.(e) The presumption described in subdivision (d) shall be extended to the employee following termination of service for a period of 90 days, commencing with the last date actually worked.(f) This section applies to an injury that occurs on or after March 1, 2020. | |
| 55 | 70 | ||
| 56 | - | 3213.5. (a) In the case of an employee, other than a person described in subdivision (b), who is employed in an occupation or industry deemed essential in the Governors Executive Order of March 19, 2020 (Executive Order N-33-20) | |
| 71 | + | 3213.5. (a) In the case of an employee, other than a person described in subdivision (b), who is employed in an occupation or industry deemed essential in the Governors Executive Order of March 19, 2020 (Executive Order N-33-20), or who is subsequently deemed essential, the term injury, as used in this section, includes coronavirus disease 2019 (COVID-19) that develops or manifests itself during a period of the persons employment in the essential occupation or industry.(b) This section does not apply to any of the following persons:(1) Active firefighting members, whether volunteers, partly paid, or fully paid, of all of the following fire departments:(A) A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision.(B) A fire department of the University of California and the California State University.(C) The Department of Forestry and Fire Protection.(D) A county forestry or firefighting department or unit.(2) Peace officers, as defined in Section 830 of the Penal Code.(3) Health care employees who provide direct patient care in an acute care hospital, as defined in subdivision (a) or (b) of Section 1250 of the Health and Safety Code.(4) Fire and rescue services coordinators who work for the Office of Emergency Services.(c) The compensation awarded for an injury described in subdivision (a) shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.(d) The injury described in subdivision (a) so developing or manifesting itself shall be conclusively presumed to arise out of and in the course of employment.(e) The presumption described in subdivision (d) shall be extended to the employee following termination of service for a period of 90 days, commencing with the last date actually worked.(f) This section applies to an injury that occurs on or after March 1, 2020. | |
| 57 | 72 | ||
| 58 | 73 | ||
| 59 | 74 | ||
| 60 | - | 3213.5. (a) In the case of an employee, other than a person described in subdivision (b), who is employed in an occupation or industry deemed essential in the Governors Executive Order of March 19, 2020 (Executive Order N-33-20), | |
| 75 | + | 3213.5. (a) In the case of an employee, other than a person described in subdivision (b), who is employed in an occupation or industry deemed essential in the Governors Executive Order of March 19, 2020 (Executive Order N-33-20), or who is subsequently deemed essential, the term injury, as used in this section, includes coronavirus disease 2019 (COVID-19) that develops or manifests itself during a period of the persons employment in the essential occupation or industry. | |
| 61 | 76 | ||
| 62 | 77 | (b) This section does not apply to any of the following persons: | |
| 63 | 78 | ||
| 64 | 79 | (1) Active firefighting members, whether volunteers, partly paid, or fully paid, of all of the following fire departments: | |
| 65 | 80 | ||
| 66 | 81 | (A) A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision. | |
| 67 | 82 | ||
| 68 | 83 | (B) A fire department of the University of California and the California State University. | |
| 69 | 84 | ||
| 70 | 85 | (C) The Department of Forestry and Fire Protection. | |
| 71 | 86 | ||
| 72 | 87 | (D) A county forestry or firefighting department or unit. | |
| 73 | 88 | ||
| 74 | 89 | (2) Peace officers, as defined in Section 830 of the Penal Code. | |
| 75 | 90 | ||
| 76 | 91 | (3) Health care employees who provide direct patient care in an acute care hospital, as defined in subdivision (a) or (b) of Section 1250 of the Health and Safety Code. | |
| 77 | 92 | ||
| 78 | 93 | (4) Fire and rescue services coordinators who work for the Office of Emergency Services. | |
| 79 | 94 | ||
| 80 | 95 | (c) The compensation awarded for an injury described in subdivision (a) shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division. | |
| 81 | 96 | ||
| 82 | - | (d) The injury described in subdivision (a) so developing or manifesting itself shall be conclusively presumed to arise out of and in the course of employment. | |
| 97 | + | (d) The injury described in subdivision (a) so developing or manifesting itself shall be conclusively presumed to arise out of and in the course of employment. | |
| 83 | 98 | ||
| 84 | 99 | (e) The presumption described in subdivision (d) shall be extended to the employee following termination of service for a period of 90 days, commencing with the last date actually worked. | |
| 85 | 100 | ||
| 86 | 101 | (f) This section applies to an injury that occurs on or after March 1, 2020. | |
| 87 | 102 | ||
| 88 | - | (g) (1) The presumption described in subdivision (d) shall apply if the employee has tested positive for, or was diagnosed with, COVID-19 within 14 days after a date that the employee performed labor or services at the employees place of employment at the employers direction. For the purpose of this subdivision, an employees place of employment does not include an employees home or residence. | |
| 89 | 103 | ||
| 90 | - | (2) The diagnosis shall be performed by a physician and surgeon licensed by the Medical Board of California or the Osteopathic Medical Board of California, or a state licensed physician assistant or nurse practitioner acting under the review or supervision of a physician and surgeon pursuant to standardized procedures or protocols within their lawfully authorized scope of practice, and that diagnosis shall be confirmed by COVID-19 serological testing within 30 days of the date of the diagnosis. | |
| 91 | 104 | ||
| 92 | - | (h) Notwithstanding Section 5402, if liability for a claim of a COVID-19-related illness pursuant to this section is not rejected within 30 days after the date the claim form is filed under Section 5401, the illness shall be presumed compensable. This presumption is rebuttable only by evidence discovered subsequent to the 30-day period. | |
| 105 | + | ||
| 106 | + | ||
| 107 | + | (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. | |
| 108 | + | ||
| 109 | + | ||
| 110 | + | ||
| 111 | + | (2)Nothing in this chapter shall be construed to abridge the rights and responsibilities conveyed under the CFRA or pregnancy disability leave. | |
| 112 | + | ||
| 113 | + | ||
| 114 | + | ||
| 115 | + | (b)(1)An individuals weekly benefit amount for periods of disability commencing before January 1, 2020, shall be the amount provided in Section 2655, and for periods of disability commencing on or after January 1, 2020, shall be the amount provided in paragraph (2). An individual is eligible to receive family temporary disability insurance benefits equal to one-seventh of the individuals weekly benefit amount for each full day during which the individual is unable to work due to caring for a seriously ill or injured family member or bonding with a minor child within one year of the birth or placement of the child in connection with foster care or adoption. | |
| 116 | + | ||
| 117 | + | ||
| 118 | + | ||
| 119 | + | (2)For periods of disability commencing on or after January 1, 2020, the weekly benefit amount shall be equal to 100 percent of the wages paid to an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest, divided by 13, but not exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code. | |
| 120 | + | ||
| 121 | + | ||
| 122 | + | ||
| 123 | + | (c)The maximum amount payable to an individual during any disability benefit period for family temporary disability insurance shall be six times the individuals 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 the individuals 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). | |
| 124 | + | ||
| 125 | + | ||
| 126 | + | ||
| 127 | + | (d)No more than six weeks of family temporary disability insurance benefits shall be paid within any 12-month period. | |
| 128 | + | ||
| 129 | + | ||
| 130 | + | ||
| 131 | + | (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. | |
| 132 | + | ||
| 133 | + | ||
| 134 | + | ||
| 135 | + | (f)This section shall remain in effect only until January 1, 2021, and as of that date is repealed. | |
| 136 | + | ||
| 137 | + | ||
| 138 | + | ||
| 139 | + | ||
| 140 | + | ||
| 141 | + | ||
| 142 | + | ||
| 143 | + | (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. | |
| 144 | + | ||
| 145 | + | ||
| 146 | + | ||
| 147 | + | (2)Nothing in this chapter shall be construed to abridge the rights and responsibilities conveyed under the CFRA or pregnancy disability leave. | |
| 148 | + | ||
| 149 | + | ||
| 150 | + | ||
| 151 | + | (b)(1)An individuals weekly benefit amount shall be the amount provided in paragraph (2). An individual is eligible to receive family temporary disability insurance benefits equal to one-seventh of the individuals weekly benefit amount for each full day during which the individual is unable to work due to caring for a seriously ill or injured family member, bonding with a minor child within one year of the birth or placement of the child in connection with foster care or adoption, or participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals spouse, domestic partner, child, or parent in the Armed Forces of the United States. | |
| 152 | + | ||
| 153 | + | ||
| 154 | + | ||
| 155 | + | (2)The weekly benefit amount shall be equal to 100 percent of the wages paid to an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest, divided by 13, but not exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code. | |
| 156 | + | ||
| 157 | + | ||
| 158 | + | ||
| 159 | + | (c)The maximum amount payable to an individual during any disability benefit period for family temporary disability insurance shall be six times the individuals 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 the individuals 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). | |
| 160 | + | ||
| 161 | + | ||
| 162 | + | ||
| 163 | + | (d)No more than six weeks of family temporary disability insurance benefits shall be paid within any 12-month period. | |
| 164 | + | ||
| 165 | + | ||
| 166 | + | ||
| 167 | + | (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. | |
| 168 | + | ||
| 169 | + | ||
| 170 | + | ||
| 171 | + | (f)This section shall become operative on January 1, 2021. |