Bill Text: CA AB518 | 2023-2024 | Regular Session | Amended
Bill Title: Paid family leave: eligibility: care for designated persons.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Engrossed) 2023-09-13 - Ordered to inactive file at the request of Senator Durazo. [AB518 Detail]
Download: California-2023-AB518-Amended.html
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Amended
IN
Senate
September 08, 2023 |
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Amended
IN
Senate
July 03, 2023 |
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Amended
IN
Assembly
April 04, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 518
| Introduced by Assembly Member Wicks (Coauthors: Assembly Members Berman, Calderon, Cervantes, Gipson, Grayson, and Wood) |
February 07, 2023 |
An act to amend, repeal, and add Sections 3301, 3302, and 3303 of the Unemployment Insurance Code, relating to disability compensation, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 518, as amended, Wicks.
Paid family leave: eligibility: care for designated persons.
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 above 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 8 weeks to workers who take time off work for prescribed purposes, including to care for a seriously ill family member. Existing law defines terms for its purposes, including “family care
leave” and “family member.”
This bill would expand eligibility for benefits under the paid family leave program to include individuals who take time off work to care for a seriously ill designated person. The bill would define “designated person” to mean any individual related by blood or whose association with the employee is the equivalent of a family relationship. The bill would authorize the employee to identify the designated person when they file a claim for benefits. The bill would make conforming changes to the definitions of the terms “family care leave” and “family member.” The bill would make these changes operative on and after July November 1, 2024.
By authorizing expenditures from the Unemployment Compensation Disability
Fund for a new purpose, this bill would make an appropriation.
This bill would incorporate additional substantive changes to Sections 3301, 3302, and 3303 of the Unemployment Insurance Code proposed by AB 575 to be operative only if this bill and AB 575 are enacted and this bill is enacted last.
Digest Key
Vote: MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 3301 of the Unemployment Insurance Code is amended to read:3301.
(a) (1) The purpose of this chapter is to establish, within the state disability insurance program, a family temporary disability insurance program. Family temporary disability insurance shall provide up to eight 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 individual’s 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 individual’s “weekly benefit amount” for periods of disability commencing before January 1, 2025, shall be the amount provided in Section 2655, and for periods of disability commencing on or after January 1, 2025, 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 individual’s 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 individual’s spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(2) For periods of disability commencing on or after January 1, 2025, the weekly benefit amount shall be as follows:
(A) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest is less than seven hundred twenty-two dollars and fifty cents ($722.50), then fifty dollars ($50).
(B) When the amount of wages paid to the individual for
employment by employers during the quarter of the individual’s disability base period in which these wages were highest is more than 70 percent of the state average quarterly wage, the weekly benefit amount shall be equal to the greater of 70 percent of the wages paid to an individual for employment by employers during the quarter of the individual’s 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, or 63 percent of the state average weekly wage.
(C) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these
wages were highest is seven hundred twenty-two dollars and fifty cents ($722.50), or more, but 70 percent or less than the state average quarterly wage, then the weekly benefit amount shall be equal to 90 percent of the wages paid to an individual for employment by employers during the quarter of the individual’s 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.
(3) For purposes of this subdivision, “state average weekly wage” and “state average quarterly wage” have the same meanings as defined in subdivision (g) of Section 2655.
(c) The maximum amount
payable to an individual during any disability benefit period for family temporary disability insurance shall be eight times the individual’s “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 individual’s 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 eight 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 November 1, 2024, and as of that date is repealed.
SEC. 2.
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 eight weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, grandparent, grandchild, sibling, domestic partner, or designated person, 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 individual’s 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 individual’s “weekly benefit amount” for periods of disability commencing before January 1, 2025, shall be the amount provided in Section 2655, and for periods of disability commencing on or after January 1, 2025, 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 individual’s 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 individual’s spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(2) For periods of disability commencing on or after January 1, 2025, the weekly benefit amount shall be as follows:
(A) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest is less than seven hundred twenty-two dollars and fifty cents ($722.50), then fifty dollars ($50).
(B) When the amount of wages paid to the individual for employment
by employers during the quarter of the individual’s disability base period in which these wages were highest is more than 70 percent of the state average quarterly wage, the weekly benefit amount shall be equal to the greater of 70 percent of the wages paid to an individual for employment by employers during the quarter of the individual’s 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, or 63 percent of the state average weekly wage.
(C) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest is
seven hundred twenty-two dollars and fifty cents ($722.50), or more, but 70 percent or less than the state average quarterly wage, then the weekly benefit amount shall be equal to 90 percent of the wages paid to an individual for employment by employers during the quarter of the individual’s 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.
(3) For purposes of this subdivision, “state average weekly wage” and “state average quarterly wage” have the same meanings as defined in subdivision (g) of Section 2655.
(c) The maximum amount payable to an individual during
any disability benefit period for family temporary disability insurance shall be eight times the individual’s “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 individual’s 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 eight 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 November 1, 2024.
SEC. 2.5.
Section 3301 is added to the Unemployment Insurance Code, to read:3301.
(a) (1) (A) 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 eight weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, grandparent, grandchild, sibling, domestic partner, or designated person, 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 individual’s spouse, domestic partner, child, or parent in the Armed Forces of the United States.(B) Commencing February 1, 2025, an individual is eligible to receive family temporary disability insurance benefits as described in subparagraph (A) if the individual is unable to work due to the individual’s assumption of responsibilities for a child in loco parentis.
(2) Nothing in this chapter shall be construed to abridge the rights and responsibilities conveyed under the CFRA or pregnancy disability leave.
(b) (1) (A) An individual’s “weekly benefit amount” for periods of disability commencing before January 1, 2025, shall be the amount provided in Section 2655, and for periods of disability commencing on or after January 1, 2025, 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 individual’s 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 individual’s spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(B) Commencing February 1, 2025, an individual is eligible to receive family temporary disability insurance benefits as described in subparagraph (A) if the individual is unable to work due to the individual’s assumption of responsibilities for a child in loco parentis.
(2) For periods of disability commencing on or after January 1, 2025, the weekly benefit amount shall be
as follows:
(A) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest is less than seven hundred twenty-two dollars and fifty cents ($722.50), then fifty dollars ($50).
(B) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest is more than 70 percent of the state average quarterly wage, the weekly benefit amount shall be equal to the greater of 70 percent of the wages paid to an individual for employment by employers during the quarter of the individual’s 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, or 63 percent of the state average weekly wage.
(C) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest is seven hundred twenty-two dollars and fifty cents ($722.50), or more, but 70 percent or less than the state average quarterly wage, then the weekly benefit amount shall be equal to 90 percent of the wages paid to an individual for employment by employers during the quarter of the individual’s 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.
(3) For purposes
of this subdivision, “state average weekly wage” and “state average quarterly wage” have the same meanings as defined in subdivision (g) of Section 2655.
(c) The maximum amount payable to an individual during any disability benefit period for family temporary disability insurance shall be eight times the individual’s “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 individual’s 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 eight 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 November 1, 2024.
SEC. 3.
Section 3302 of the Unemployment Insurance Code is amended to read:3302.
(a) On and after July 1, 2014, for purposes of this part:(1) “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. For the purposes of a qualifying exigency as set forth in Section 3302.2, “care recipient” also includes the military member, or child or parent of the military member, who is receiving assistance, or the employee who is participating in a qualifying exigency.
(2) “Care provider” means the family member who is providing the required care for a serious health condition, the family member who is bonding with the new
child, or the employee who is participating in a qualifying exigency as provided in Section 3302.2.
(3) “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.
(4) “Domestic partner” has the same meaning as defined in Section 297 of the Family Code.
(5) “Family care leave” means any of the following:
(A) 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.
(B) Leave to care for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner who has a serious health condition.
(C) Leave to participate in a qualifying exigency as provided in Section 3302.2.
(6) “Family member” means a child, parent, grandparent, grandchild, sibling, spouse,
or domestic partner.
(7) “Grandchild” means a child of the employee’s child.
(8) “Grandparent” means a parent of the employee’s parent.
(9) “Military member” means a child, spouse, domestic partner, or parent of the employee, where the military member is on covered active duty or call to active duty in the Armed Forces of the United States as defined in subdivision (a) of Section 3302.1.
(10) “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.
(11) “Parent-in-law” means the parent of a spouse or a domestic partner.
(12) “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.
(13) “Sibling” means a person related to another person by blood, adoption, or affinity through a common legal or biological parent.
(14) “Spouse” means a partner to a lawful marriage.
(15) “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.
(16) “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.
(b) This section shall become inoperative on July
November 1, 2024, and as of that date is repealed.
SEC. 4.
Section 3302 is added to the Unemployment Insurance Code, to read:3302.
(a) On and after July 1, 2014, for purposes of this part:(1) “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. For the purposes of a qualifying exigency as set forth in Section 3302.2, “care recipient” also includes the military member, or child or parent of the military member, who is receiving assistance, or the employee who is participating in a qualifying exigency.
(2) “Care provider” means the family member who is providing the required care for a serious health condition, the family member who is
bonding with the new child, or the employee who is participating in a qualifying exigency as provided in Section 3302.2.
(3) “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.
(4) “Designated person” means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee when they file a claim for benefits.
(5) “Domestic partner” has the same meaning as defined in Section 297 of the Family Code.
(6) “Family care leave” means any of the following:
(A) 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.
(B) Leave to care for a child, parent, grandparent, grandchild, sibling, spouse, domestic partner, or designated person, who has a serious health condition.
(C) Leave to participate in a qualifying exigency as provided in Section 3302.2.
(7) “Family member” means a child, parent, grandparent, grandchild, sibling, spouse, domestic partner, or designated person.
(8) “Grandchild” means a child of the
employee’s child.
(9) “Grandparent” means a parent of the employee’s parent.
(10) “Military member” means a child, spouse, domestic partner, or parent of the employee, where the military member is on covered active duty or call to active duty in the Armed Forces of the United States as defined in subdivision (a) of Section 3302.1.
(11) “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.
(12) “Parent-in-law” means the parent of a spouse or a domestic partner.
(13) “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.
(14) “Sibling” means a person related to another person by blood, adoption, or affinity through a common legal or biological parent.
(15) “Spouse” means a partner to a lawful marriage.
(16) “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.
(17) “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.
(b) This section shall become operative on July November 1,
2024.
SEC. 4.5.
Section 3302 is added to the Unemployment Insurance Code, to read:3302.
(a) For purposes of this part:(1) “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. For the purposes of a qualifying exigency as set forth in Section 3302.2, “care recipient” also includes the military member, or child or parent of the military member, who is receiving assistance, or the employee who is participating in a qualifying exigency.
(2) “Care provider” means the family member who is providing the required care for a serious health condition, the family member who is bonding with the new child, or the employee who is participating in a qualifying exigency as provided in
Section 3302.2.
(3) “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.
(4) “Designated person” means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee when they file a claim for benefits.
(5) “Domestic partner” has the same meaning as defined in Section 297 of the Family Code.
(6) “Family care leave” means any of the following:
(A) (i) 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.
(ii) Commencing February 1, 2025, leave to bond as described in clause (i) includes leave to bond with a minor child within the first year of the individual’s assumption of responsibilities for a child in loco parentis.
(B) Leave to care for a child, parent, grandparent, grandchild, sibling, spouse, domestic partner, or designated person, who has a serious health condition.
(C) Leave to participate in a qualifying exigency as provided in Section 3302.2.
(7) “Family member” means a child, parent, grandparent, grandchild, sibling, spouse, domestic partner, or designated person.
(8) “Grandchild” means a child of the
employee’s child.
(9) “Grandparent” means a parent of the employee’s parent.
(10) “In loco parentis,” commencing February 1, 2025, has the same meaning as that term is defined in Section 3302-1 of Title 22 of the California Code of Regulations.
(11) “Military member” means a child, spouse, domestic partner, or parent of the employee, where the military member is on covered active duty or call to active duty in the Armed Forces of the United States as defined in subdivision (a) of Section 3302.1.
(12) “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.
(13) “Parent-in-law” means the parent of a spouse or a domestic partner.
(14) “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.
(15) “Sibling” means a person related to another person by blood, adoption, or affinity through a common legal or biological parent.
(16) “Spouse” means a partner to a lawful marriage.
(17) (A) “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.
(B) Commencing February 1, 2025, valid claim as described in subparagraph (A) includes when an individual is unemployed because of the individual’s assumption of responsibilities for a child in loco parentis.
(18) “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.
(b) This section
shall become operative on November 1, 2024.
SEC. 5.
Section 3303 of the Unemployment Insurance Code is amended to read:3303.
(a) On and after July 1, 2014, only if the director makes both of the findings described in subdivision (b), an individual shall be deemed eligible for family temporary disability insurance benefits equal to one-seventh of the individual’s weekly benefit amount on any day in which the individual is unable to perform their regular or customary work because of any of the following:(1) The individual 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.
(2) The individual is caring for a seriously ill child, parent, grandparent, grandchild, sibling,
spouse, or domestic partner.
(3) The individual is participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individual’s spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(b) An individual shall be deemed eligible for family temporary disability insurance benefits described in subdivision (a) only if the director finds both of the following:
(1) The individual has made a claim for temporary disability benefits as required by authorized regulations.
(2) The individual has filed a certificate, as required by Sections 2708 and 2709, or for purposes of participating in a
qualifying exigency related to the covered active duty or call to covered active duty of the individual’s spouse, domestic partner, child, or parent in the Armed Forces of the United States, has provided the information requested pursuant to Section 3307.
(c) This section shall become inoperative on July November 1, 2024, and as of that date is repealed.
SEC. 6.
Section 3303 is added to the Unemployment Insurance Code, to read:3303.
(a) On and after July 1, 2014, only if the director makes both of the findings described in subdivision (b), an individual shall be deemed eligible for family temporary disability insurance benefits equal to one-seventh of the individual’s weekly benefit amount on any day in which the individual is unable to perform their regular or customary work because of any of the following:(1) The individual 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.
(2) The individual is caring for a seriously ill child, parent, grandparent,
grandchild, sibling, spouse, domestic partner, or designated person.
(3) The individual is participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individual’s spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(b) An individual shall be deemed eligible for family temporary disability insurance benefits described in subdivision (a) only if the director finds both of the following:
(1) The individual has made a claim for temporary disability benefits as required by authorized regulations.
(2) The individual has filed a certificate, as required by Sections 2708 and 2709, or
for purposes of participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individual’s spouse, domestic partner, child, or parent in the Armed Forces of the United States, has provided the information requested pursuant to Section 3307.
(c) This section shall become operative on July November 1, 2024.
SEC. 6.5.
Section 3303 is added to the Unemployment Insurance Code, to read:3303.
(a) Only if the director makes both of the findings described in subdivision (b), an individual shall be deemed eligible for family temporary disability insurance benefits equal to one-seventh of the individual’s weekly benefit amount on any day in which the individual is unable to perform their regular or customary work because of any of the following:(1) (A) The individual 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.
(B) Commencing February 1, 2025, an individual is eligible to receive family temporary disability insurance benefits as described in subparagraph (A)
if the individual is unable to perform their regular or customary work because of the individual’s assumption of responsibilities for a child in loco parentis.
(2) The individual is caring for a seriously ill child, parent, grandparent, grandchild, sibling, spouse, domestic partner, or designated person.
(3) The individual is participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individual’s spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(b) An individual shall be deemed eligible for family temporary disability insurance benefits described in subdivision (a) only if the director finds both of the following:
(1) The individual has made a claim for temporary
disability benefits as required by authorized regulations.
(2) The individual has filed a certificate, as required by Sections 2708 and 2709, or for purposes of participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individual’s spouse, domestic partner, child, or parent in the Armed Forces of the United States, has provided the information requested pursuant to Section 3307.
(c) This section shall become operative on November 1, 2024.
