Bill Text: CA SB770 | 2013-2014 | Regular Session | Chaptered


Bill Title: Unemployment compensation: disability benefits: paid family leave.

Status: (Passed) 2013-09-24 - Chaptered by Secretary of State. Chapter 350, Statutes of 2013. [SB770 Detail]

Download: California-2013-SB770-Chaptered.html
BILL NUMBER: SB 770	CHAPTERED
	BILL TEXT

	CHAPTER  350
	FILED WITH SECRETARY OF STATE  SEPTEMBER 24, 2013
	APPROVED BY GOVERNOR  SEPTEMBER 24, 2013
	PASSED THE SENATE  SEPTEMBER 6, 2013
	PASSED THE ASSEMBLY  SEPTEMBER 4, 2013
	AMENDED IN ASSEMBLY  AUGUST 5, 2013

INTRODUCED BY   Senators Jackson and DeSaulnier
   (Coauthors: Senators Block, Cannella, Evans, Hancock, Leno, Lieu,
Liu, and Pavley)
   (Coauthors: Assembly Members Ammiano, Fong, Williams, and Yamada)

                        FEBRUARY 22, 2013

   An act to amend Section 3300 of, and to amend, repeal, and add
Sections 2708, 3301, 3302, and 3303 of, the Unemployment Insurance
Code, relating to unemployment insurance, and making an appropriation
therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 770, Jackson. Unemployment compensation: disability benefits:
paid family leave.
   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. These benefits are payable for family
temporary disability leaves that begin on and after July 1, 2004.
   This bill would, beginning on July 1, 2014, expand the scope of
the family temporary disability program to include time off to care
for a seriously ill grandparent, grandchild, sibling, or
parent-in-law, as defined. The bill would also make conforming and
clarifying changes in provisions relating to family temporary
disability compensation.
   Under existing law, workers are required to pay contributions to
the Unemployment Compensation Disability Fund, a special fund in the
State Treasury, and those funds are continuously appropriated for the
purpose of providing disability benefits and making payment of
expenses in administering those provisions.
   This bill, by authorizing expenditure of money in the Unemployment
Compensation Disability Fund for a new purpose, would make an
appropriation.
   Appropriation: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2708 of the Unemployment Insurance Code is
amended to read:
   2708.  (a) (1) In accordance with the director's authorized
regulations, and except as provided in subdivision (c) and Sections
2708.1 and 2709, a claimant shall establish medical eligibility for
each uninterrupted period of disability by filing a first claim for
disability benefits supported by the certificate of a treating
physician or practitioner that establishes the sickness, injury, or
pregnancy of the employee, or the condition of the family member that
warrants the care of the employee. For subsequent periods of
uninterrupted disability after the period covered by the initial
certificate or any preceding continued claim, a claimant shall file a
continued claim for those benefits supported by the certificate of a
treating physician or practitioner. A certificate filed to establish
medical eligibility for the employee's own sickness, injury, or
pregnancy shall contain a diagnosis and diagnostic code prescribed in
the International Classification of Diseases, or, where no diagnosis
has yet been obtained, a detailed statement of symptoms.
   (2) A certificate filed to establish medical eligibility of the
employee's own sickness, injury, or pregnancy shall also contain a
statement of medical facts including secondary diagnoses when
applicable, within the physician's or practitioner's knowledge, based
on a physical examination and a documented medical history of the
claimant by the physician or practitioner, indicating the physician's
or practitioner's conclusion as to the claimant's disability, and a
statement of the physician's or practitioner's opinion as to the
expected duration of the disability.
   (b) An employee shall be required to file a certificate to
establish eligibility when taking leave to care for a family member
with a serious health condition. The certificate shall be developed
by the department. In order to establish medical eligibility of the
serious health condition of the family member that warrants the care
of the employee, the information shall be within the physician's or
practitioner's knowledge and shall be based on a physical examination
and documented medical history of the family member and shall
contain all of the following:
   (1) A diagnosis and diagnostic code prescribed in the
International Classification of Diseases, or, where no diagnosis has
yet been obtained, a detailed statement of symptoms.
   (2) The date, if known, on which the condition commenced.
   (3) The probable duration of the condition.
   (4) An estimate of the amount of time that the physician or
practitioner believes the employee is needed to care for the child,
parent, spouse, or domestic partner.
   (5) (A) A statement that the serious health condition warrants the
participation of the employee to provide care for his or her child,
parent, spouse, or domestic partner.
   (B) "Warrants the participation of the employee" includes, but is
not limited to, providing psychological comfort, and arranging "third
party" care for the child, parent, spouse, or domestic partner, as
well as directly providing, or participating in, the medical care.
   (c) The department shall develop a certification form for bonding
that is separate and distinct from the certificate required in
subdivision (a) for an employee taking leave to bond with a minor
child within the first year of the child's birth or placement in
connection with foster care or adoption.
   (d) The first and any continuing claim of an individual who
obtains care and treatment outside this state shall be supported by a
certificate of a treating physician or practitioner duly licensed or
certified by the state or foreign country in which the claimant is
receiving the care and treatment. If a physician or practitioner
licensed by and practicing in a foreign country is under
investigation by the department for filing false claims and the
department does not have legal remedies to conduct a criminal
investigation or prosecution in that country, the department may
suspend the processing of all further certifications until the
physician or practitioner fully cooperates, and continues to
cooperate with the investigation. A physician or practitioner
licensed by and practicing in a foreign country who has been
convicted of filing false claims with the department may not file a
certificate in support of a claim for disability benefits for a
period of five years.
   (e) For purposes of this part:
   (1) "Physician" has the same meaning as defined in Section 3209.3
of the Labor Code.
   (2) "Practitioner" means a person duly licensed or certified in
California acting within the scope of his or her license or
certification who is a dentist, podiatrist, or a nurse practitioner,
and in the case of a nurse practitioner, after performance of a
physical examination by a nurse practitioner and collaboration with a
physician and surgeon, or as to normal pregnancy or childbirth, a
midwife or nurse midwife, or nurse practitioner.
   (f) For a claimant who is hospitalized in or under the authority
of a county hospital in this state, a certificate of initial and
continuing medical disability, if any, shall satisfy the requirements
of this section if the disability is shown by the claimant's
hospital chart, and the certificate is signed by the hospital's
registrar. For a claimant hospitalized in or under the care of a
medical facility of the United States government, a certificate of
initial and continuing medical disability, if any, shall satisfy the
requirements of this section if the disability is shown by the
claimant's hospital chart, and the certificate is signed by a medical
officer of the facility duly authorized to do so.
   (g) Nothing in this section shall be construed to preclude the
department from requesting additional medical evidence to supplement
the first or any continued claim if the additional evidence can be
procured without additional cost to the claimant. The department may
require that the additional evidence include any or all of the
following:
   (1) Identification of diagnoses.
   (2) Identification of symptoms.
   (3) A statement setting forth the facts of the claimant's
disability. The statement shall be completed by any of the following
individuals:
   (A) The physician or practitioner treating the claimant.
   (B) The registrar, authorized medical officer, or other duly
authorized official of the hospital or health facility treating the
claimant.
   (C) An examining physician or other representative of the
department.
   (h) This section shall become inoperative on July 1, 2014, and
shall be repealed on January 1, 2015.
  SEC. 2.  Section 2708 is added to the Unemployment Insurance Code,
to read:
   2708.  (a) (1) In accordance with the director's authorized
regulations, and except as provided in subdivision (c) and Sections
2708.1 and 2709, a claimant shall establish medical eligibility for
each uninterrupted period of disability by filing a first claim for
disability benefits supported by the certificate of a treating
physician or practitioner that establishes the sickness, injury, or
pregnancy of the employee, or the condition of the family member that
warrants the care of the employee. For subsequent periods of
uninterrupted disability after the period covered by the initial
certificate or any preceding continued claim, a claimant shall file a
continued claim for those benefits supported by the certificate of a
treating physician or practitioner. A certificate filed to establish
medical eligibility for the employee's own sickness, injury, or
pregnancy shall contain a diagnosis and diagnostic code prescribed in
the International Classification of Diseases, or, if no diagnosis
has yet been obtained, a detailed statement of symptoms.
   (2) A certificate filed to establish medical eligibility of the
employee's own sickness, injury, or pregnancy shall also contain a
statement of medical facts, including secondary diagnoses when
applicable, within the physician's or practitioner's knowledge, based
on a physical examination and a documented medical history of the
claimant by the physician or practitioner, indicating the physician's
or practitioner's conclusion as to the claimant's disability, and a
statement of the physician's or practitioner's opinion as to the
expected duration of the disability.
   (b) An employee shall be required to file a certificate to
establish eligibility when taking leave to care for a family member
with a serious health condition. The certificate shall be developed
by the department. In order to establish medical eligibility of the
serious health condition of the family member that warrants the care
of the employee, the information shall be within the physician's or
practitioner's knowledge and shall be based on a physical examination
and documented medical history of the family member and shall
contain all of the following:
   (1) A diagnosis and diagnostic code prescribed in the
International Classification of Diseases, or, if no diagnosis has yet
been obtained, a detailed statement of symptoms.
   (2) The date, if known, on which the condition commenced.
   (3) The probable duration of the condition.
   (4) An estimate of the amount of time that the physician or
practitioner believes the employee needs to care for the child,
parent, grandparent, grandchild, sibling, spouse, or domestic
partner.
   (5) (A) A statement that the serious health condition warrants the
participation of the employee to provide care for his or her child,
parent, grandparent, grandchild, sibling, spouse, or domestic
partner.
   (B) "Warrants the participation of the employee" includes, but is
not limited to, providing psychological comfort, and arranging "third
party" care for the child, parent, grandparent, grandchild, sibling,
spouse, or domestic partner, as well as directly providing, or
participating in, the medical care.
   (c) The department shall develop a certification form for bonding
that is separate and distinct from the certificate required in
subdivision (a) for an employee taking leave to bond with a minor
child within the first year of the child's birth or placement in
connection with foster care or adoption.
   (d) The first and any continuing claim of an individual who
obtains care and treatment outside this state shall be supported by a
certificate of a treating physician or practitioner duly licensed or
certified by the state or foreign country in which the claimant is
receiving the care and treatment. If a physician or practitioner
licensed by and practicing in a foreign country is under
investigation by the department for filing false claims and the
department does not have legal remedies to conduct a criminal
investigation or prosecution in that country, the department may
suspend the processing of all further certifications until the
physician or practitioner fully cooperates, and continues to
cooperate, with the investigation. A physician or practitioner
licensed by, and practicing in, a foreign country who has been
convicted of filing false claims with the department may not file a
certificate in support of a claim for disability benefits for a
period of five years.
   (e) For purposes of this part:
   (1) "Physician" has the same meaning as defined in Section 3209.3
of the Labor Code.
   (2) "Practitioner" means a person duly licensed or certified in
California acting within the scope of his or her license or
certification who is a dentist, podiatrist, or a nurse practitioner,
and in the case of a nurse practitioner, after performance of a
physical examination by a nurse practitioner and collaboration with a
physician and surgeon, or as to normal pregnancy or childbirth, a
midwife or nurse midwife, or nurse practitioner.
   (f) For a claimant who is hospitalized in or under the authority
of a county hospital in this state, a certificate of initial and
continuing medical disability, if any, shall satisfy the requirements
of this section if the disability is shown by the claimant's
hospital chart, and the certificate is signed by the hospital's
registrar. For a claimant hospitalized in or under the care of a
medical facility of the United States government, a certificate of
initial and continuing medical disability, if any, shall satisfy the
requirements of this section if the disability is shown by the
claimant's hospital chart, and the certificate is signed by a medical
officer of the facility duly authorized to do so.
   (g) Nothing in this section shall be construed to preclude the
department from requesting additional medical evidence to supplement
the first or any continued claim if the additional evidence can be
procured without additional cost to the claimant. The department may
require that the additional evidence include any or all of the
following:
   (1) Identification of diagnoses.
   (2) Identification of symptoms.
   (3) A statement setting forth the facts of the claimant's
disability. The statement shall be completed by any of the following
individuals:
   (A) The physician or practitioner treating the claimant.
   (B) The registrar, authorized medical officer, or other duly
authorized official of the hospital or health facility treating the
claimant.
   (C) An examining physician or other representative of the
department.
   (h) This section shall become operative on July 1, 2014.
  SEC. 3.  Section 3300 of the Unemployment Insurance Code is amended
to read:
   3300.  The Legislature finds and declares all of the following:
   (a) It is in the public benefit to provide family temporary
disability insurance benefits to workers to care for their family
members. The need for family temporary disability insurance benefits
has intensified as the participation of both parents in the workforce
has increased, and the number of single parents in the workforce has
grown. The need for partial wage replacement for workers taking
family care leave will be exacerbated as the population of those
needing care, both children and parents of workers, increases in
relation to the number of working age adults.
   (b) Family Temporary Disability Insurance shall be known as Paid
Family Leave.
   (c) Developing systems that help families adapt to the competing
interests of work and home not only benefits workers, but also
benefits employers by increasing worker productivity and reducing
employee turnover.
   (d) The federal Family and Medical Leave Act (FMLA) and California'
s Family Rights Act (CFRA) entitle eligible employees working for
covered employers to take unpaid, job-protected leave for up to 12
workweeks in a 12-month period. Under the FMLA and the CFRA, unpaid
leave may be taken for the birth, adoption, or foster placement of a
new child; to care for a seriously ill child, parent, or spouse; or
for the employee's own serious health condition.
   (e) State disability insurance benefits currently provide wage
replacement for workers who need time off due to their own
nonwork-related injuries, illnesses, or conditions, including
pregnancy, that prevent them from working, but do not cover leave to
care for a sick or injured child, spouse, parent, grandparent,
grandchild, sibling, or domestic partner, or leave to bond with a new
child.
   (f) The majority of workers in this state are unable to take
family care leave because they are unable to afford leave without
pay. When workers do not receive some form of wage replacement during
family care leave, families suffer from the worker's loss of income,
increasing the demand on the state unemployment insurance system and
dependence on the state's welfare system.
   (g) It is the intent of the Legislature to create a family
temporary disability insurance program to help reconcile the demands
of work and family. The family temporary disability insurance program
shall be a component of the state's unemployment compensation
disability insurance program, shall be funded through employee
contributions, and shall be administered in accordance with the
policies of the state disability insurance program created pursuant
to this part. Initial and ongoing administrative costs associated
with the family temporary disability insurance program shall be
payable from the Disability Fund.
  SEC. 4.  Section 3301 of the Unemployment Insurance Code is amended
to read:
   3301.  (a) (1) The purpose of this chapter is to establish, within
the state disability insurance program, a family temporary
disability insurance program. Family temporary disability insurance
shall provide up to six weeks of wage replacement benefits to workers
who take time off work to care for a seriously ill child, spouse,
parent, domestic partner, or to bond with a minor child within one
year of the birth or placement of the child in connection with foster
care or adoption.
   (2) Nothing in this chapter shall be construed to abridge the
rights and responsibilities conveyed under the CFRA or pregnancy
disability leave.
   (b) An individual's "weekly benefit amount" shall be the amount
provided in Section 2655. An individual is eligible to receive family
temporary disability insurance benefits equal to one-seventh of his
or her weekly benefit amount for each full day during which he or she
is unable to work due to caring for a seriously ill or injured
family member or bonding with a minor child within one year of the
birth or placement of the child in connection with foster care or
adoption.
   (c) The maximum amount payable to an individual during any
disability benefit period for family temporary disability insurance
shall be six times his or her "weekly benefit amount," but in no case
shall the total amount of benefits payable be more than the total
wages paid to the individual during his or her disability base
period. If the benefit is not a multiple of one dollar ($1), it shall
be computed to the next higher multiple of one dollar ($1).
   (d) No more than six weeks of family temporary disability
insurance benefits shall be paid within any 12-month period.
   (e) An individual shall file a claim for family temporary
disability insurance benefits not later than the 41st consecutive day
following the first compensable day with respect to which the claim
is made for benefits, which time shall be extended by the department
upon a showing of good cause. If a first claim is not complete, the
claim form shall be returned to the claimant for completion and it
shall be completed and returned not later than the 10th consecutive
day after the date it was mailed by the department to the claimant,
except that such time shall be extended by the department upon a
showing of good cause.
   (f) This section shall become inoperative on July 1, 2014, and
shall be repealed on January 1, 2015.
  SEC. 5.  Section 3301 is added to the Unemployment Insurance Code,
to read:
   3301.  (a) (1) The purpose of this chapter is to establish, within
the state disability insurance program, a family temporary
disability insurance program. Family temporary disability insurance
shall provide up to six weeks of wage replacement benefits to workers
who take time off work to care for a seriously ill child, spouse,
parent, grandparent, grandchild, sibling, or domestic partner, or to
bond with a minor child within one year of the birth or placement of
the child in connection with foster care or adoption.
   (2) Nothing in this chapter shall be construed to abridge the
rights and responsibilities conveyed under the CFRA or pregnancy
disability leave.
   (b) An individual's "weekly benefit amount" shall be the amount
provided in Section 2655. An individual is eligible to receive family
temporary disability insurance benefits equal to one-seventh of his
or her weekly benefit amount for each full day during which he or she
is unable to work due to caring for a seriously ill or injured
family member or bonding with a minor child within one year of the
birth or placement of the child in connection with foster care or
adoption.
   (c) The maximum amount payable to an individual during any
disability benefit period for family temporary disability insurance
shall be six times his or her "weekly benefit amount," but in no case
shall the total amount of benefits payable be more than the total
wages paid to the individual during his or her disability base
period. If the benefit is not a multiple of one dollar ($1), it shall
be computed to the next higher multiple of one dollar ($1).
   (d) No more than six weeks of family temporary disability
insurance benefits shall be paid within any 12-month period.
   (e) An individual shall file a claim for family temporary
disability insurance benefits not later than the 41st consecutive day
following the first compensable day with respect to which the claim
is made for benefits, which time shall be extended by the department
upon a showing of good cause. If a first claim is not complete, the
claim form shall be returned to the claimant for completion and it
shall be completed and returned not later than the 10th consecutive
day after the date it was mailed by the department to the claimant,
except that such time shall be extended by the department upon a
showing of good cause.
   (f) This section shall become operative on July 1, 2014.
  SEC. 6.  Section 3302 of the Unemployment Insurance Code is amended
to read:
   3302.  Before July 1, 2014, for purposes of this part:
   (a) "Care recipient" means the family member who is receiving care
for a serious health condition or the new child with whom the care
provider is bonding.
   (b) "Care provider" means the family member who is providing the
required care for a serious health condition or the family member who
is bonding with the new child.
   (c) "Child" means a biological, adopted, or foster son or
daughter, a stepson or stepdaughter, a legal ward, a son or daughter
of a domestic partner, or the person to whom the employee stands in
loco parentis.
   (d) "Domestic partner" has the same meaning as defined in Section
297 of the Family Code.
   (e) "Family care leave" means any of the following:
   (1) Leave to bond with a minor child within the first year of the
child's birth or placement in connection with foster care or
adoption.
   (2) Leave to care for a child, parent, spouse, or domestic partner
who has a serious health condition.
   (f) "Family member" means child, parent, spouse, or domestic
partner as defined in this section.
   (g) "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.
   (h) "Serious health condition" means an illness, injury,
impairment, or physical or mental condition that involves inpatient
care in a hospital, hospice, or residential health care facility, or
continuing treatment or continuing supervision by a health care
provider, as defined in Section 12945.2 of the Government Code.
   (i) "Spouse" means a partner to a lawful marriage.
   (j) "Valid claim" means any claim for family temporary disability
insurance benefits made in accordance with the provisions of this
code, and any rules and regulations adopted thereunder, if the
individual claiming benefits is unemployed and has been paid the
necessary wages in employment for employers to qualify for benefits
under Section 2652 and is caring for a seriously ill family member,
or bonding with a minor child during the first year after the birth
or placement of the child in connection with foster care or adoption.

   (k) "Twelve-month period," with respect to any individual, means
the 365 consecutive days that begin with the first day the individual
first establishes a valid claim for family temporary disability
benefits.
   This section shall be repealed on January 1, 2015.
  SEC. 7.  Section 3302 is added to the Unemployment Insurance Code,
to read:
   3302.  On and after July 1, 2014, for purposes of this part:
   (a) "Care recipient" means the family member who is receiving care
for a serious health condition or the new child with whom the care
provider is bonding.
   (b) "Care provider" means the family member who is providing the
required care for a serious health condition or the family member who
is bonding with the new child.
   (c) "Child" means a biological, adopted, or foster son or
daughter, a stepson or stepdaughter, a legal ward, a son or daughter
of a domestic partner, or the person to whom the employee stands in
loco parentis.
   (d) "Domestic partner" has the same meaning as defined in Section
297 of the Family Code.
   (e) "Family care leave" means any of the following:
   (1) Leave to bond with a minor child within the first year of the
child's birth or placement in connection with foster care or
adoption.
   (2) Leave to care for a child, parent, grandparent, grandchild,
sibling, spouse, or domestic partner who has a serious health
condition.
   (f) "Family member" means child, parent, grandparent, grandchild,
sibling, spouse, or domestic partner as defined in this section.
   (g) "Grandchild" means a child of the employee's child.
   (h) "Grandparent" means a parent of the employee's parent.
   (i) "Parent" means a biological, foster, or adoptive parent, a
parent-in-law, a stepparent, a legal guardian, or other person who
stood in loco parentis to the employee when the employee was a child.

   (j) "Parent-in-law" means the parent of a spouse or a domestic
partner.
   (k) "Serious health condition" means an illness, injury,
impairment, or physical or mental condition that involves inpatient
care in a hospital, hospice, or residential health care facility, or
continuing treatment or continuing supervision by a health care
provider, as defined in Section 12945.2 of the Government Code.
   (l) "Sibling" means a person related to another person by blood,
adoption, or affinity through a common legal or biological parent.
   (m) "Spouse" means a partner to a lawful marriage.
   (n) "Valid claim" means any claim for family temporary disability
insurance benefits made in accordance with the provisions of this
code, and any rules and regulations adopted thereunder, if the
individual claiming benefits is unemployed and has been paid the
necessary wages in employment for employers to qualify for benefits
under Section 2652 and is caring for a seriously ill family member,
or bonding with a minor child during the first year after the birth
or placement of the child in connection with foster care or adoption.

   (o) "Twelve-month period," with respect to any individual, means
the 365 consecutive days that begin with the first day the individual
first establishes a valid claim for family temporary disability
benefits.
  SEC. 8.  Section 3303 of the Unemployment Insurance Code is amended
to read:
                  3303.  Before July 1, 2014, individual shall be
deemed eligible for family temporary disability insurance benefits
equal to one-seventh of his or her weekly benefit amount on any day
in which he or she is unable to perform his or her regular or
customary work because he or she is bonding with a minor child during
the first year after the birth or placement of the child in
connection with foster care or adoption or caring for a seriously ill
child, parent, spouse, or domestic partner, only if the director
finds all of the following:
   (a) The individual has made a claim for temporary disability
benefits as required by authorized regulations.
   (b) The individual has been unable to perform his or her regular
or customary work for a seven-day waiting period during each
disability benefit period, with respect to which waiting period no
family temporary disability insurance benefits are payable.
   (c) The individual has filed a certificate, as required by
Sections 2708 and 2709.
   This section shall be repealed on January 1, 2015.
  SEC. 9.  Section 3303 is added to the Unemployment Insurance Code,
to read:
   3303.  On and after July 1, 2014, an individual shall be deemed
eligible for family temporary disability insurance benefits equal to
one-seventh of his or her weekly benefit amount on any day in which
he or she is unable to perform his or her regular or customary work
because he or she is bonding with a minor child during the first year
after the birth or placement of the child in connection with foster
care or adoption or caring for a seriously ill child, parent,
grandparent, grandchild, sibling, spouse, or domestic partner, only
if the director finds all of the following:
   (a) The individual has made a claim for temporary disability
benefits as required by authorized regulations.
   (b) The individual has been unable to perform his or her regular
or customary work for a seven-day waiting period during each
disability benefit period, with respect to which waiting period no
family temporary disability insurance benefits are payable.
   (c) The individual has filed a certificate, as required by
Sections 2708 and 2709.
                     
feedback