Bill Text: CA AB575 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Paid family leave.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Vetoed) 2024-02-01 - Consideration of Governor's veto stricken from file. [AB575 Detail]
Download: California-2023-AB575-Amended.html
Bill Title: Paid family leave.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Vetoed) 2024-02-01 - Consideration of Governor's veto stricken from file. [AB575 Detail]
Download: California-2023-AB575-Amended.html
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September 08, 2023 |
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Senate
September 01, 2023 |
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Senate
August 14, 2023 |
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July 10, 2023 |
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March 09, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 575
| Introduced by Assembly Member Papan (Coauthors: Assembly Members Cervantes and Gipson) |
February 08, 2023 |
An act to amend Sections 2708, 3301, 3302, 3302.1, 3303, and 3303.1 of the Unemployment Insurance Code, relating to unemployment insurance, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 575, as amended, Papan.
Paid family leave.
(1) Existing law authorizes the Employment Development Department to administer the disability insurance compensation program, which includes family temporary disability insurance benefits or paid family leave. Existing law requires the department to develop a certification form 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.
Commencing February 1, 2025, this bill would instead require the department to develop a certification form for an employee taking leave to bond with a minor child within one year of the child’s birth, placement of the child in connection with foster care or adoption, or an individual’s assumption of responsibilities for the child in loco parentis.
(2) Under existing law, the family temporary disability insurance program provides up to 8 weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, domestic partner, grandparent, grandchild, sibling, or parent-in-law, 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 who take time off 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. Existing law defines certain terms for these purposes. Existing law provides that a worker is not eligible for those benefits in specified circumstances, including, among others, if another family member is ready, willing, and able and available for the same period of time in a day that the individual is providing care or
participating in the above-described qualifying exigency, as specified. Existing law authorizes an employer to require a worker to take up to 2 weeks of earned but unused vacation leave before receiving benefits under the program.
Commencing February 1, 2025, this bill would expand the program to provide benefits to workers who take time off work to bond with a minor child within one year of assuming responsibilities of a child in loco parentis, as defined. For periods of disability commencing on or after February 1, 2025, the bill would prohibit the application of the above-described eligibility restriction relating to another family member being ready, willing, and able and available for the same period of time. For periods of disability commencing on or after February 1, 2025, the bill would prohibit the application of the authorization for an employer to require a worker to take vacation leave before receiving benefits. The bill would
make conforming changes.
(3) 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 administrative expenses.
By authorizing expenditure of these funds for a new purpose, this bill would make an appropriation.
(4) This bill would incorporate additional changes to Section 2708 of the Unemployment Insurance Code proposed by SB 667 to be operative only if this bill and SB 667 are enacted and this bill is enacted last.
(5) This bill would
incorporate additional substantive changes to Sections 3301, 3302, and 3303 of the Unemployment Insurance Code proposed by AB 518 to be operative only if this bill and AB 518 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 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, 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 their 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 one year of the child’s birth, placement of the child in connection with foster care or adoption, or an individual’s assumption of responsibilities for the child in loco parentis.
(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) (A) “Practitioner” means a person duly licensed or certified in California acting within the scope of their 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.
(B) “Practitioner” also means a physician assistant who has performed a physical examination under the supervision of a physician and surgeon. Funds appropriated to cover the costs required
to implement this subparagraph shall come from the Unemployment Compensation Disability Fund.
(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) This section does not 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) The amendments made to this section by the act adding this subdivision shall become operative on February 1, 2025.
SEC. 1.5.
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, 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 their 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
one year of the child’s birth or placement birth, placement of the child in connection with foster care or adoption. adoption, or an individual’s assumption of responsibilities for the child in loco parentis.
(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) (A) “Practitioner”
means a person duly licensed or certified in California acting within the scope of his or her
their 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, pregnancy, childbirth, or postpartum conditions consistent with the scope of their professional licensure, a midwife or nurse midwife, nurse-midwife, or nurse practitioner.
(B) “Practitioner” also means a physician assistant who has performed a
physical examination under the supervision of a physician and surgeon. Funds appropriated to cover the costs required to implement this subparagraph shall come from the Unemployment Compensation Disability Fund. This subparagraph shall be implemented on or before January 1, 2017.
(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 This section does not 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.
(h) The amendments
made to subdivision (c) by the act adding this subdivision shall become operative on February 1, 2025.
SEC. 2.
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, placement of the child in connection with foster care or adoption, or an individual’s assumption of responsibilities for a child in loco parentis, 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) This chapter does not 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, placement of the child in connection with foster care or adoption, or an individual’s assumption of responsibilities for a child in loco parentis, 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) The amendments made to this section by the act adding this subdivision shall become operative on February 1, 2025.
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.
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. 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.
(b) “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.
(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, placement in connection with foster care or adoption, or an individual’s assumption of responsibilities for a child in loco parentis.
(2) Leave to care for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner who has a serious health condition.
(3) Leave to participate in a qualifying exigency as provided in Section 3302.2.
(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) “In loco parentis” has the same meaning as that term is defined in Section 3302-1 of Title 22 of the California Code of Regulations.
(j) “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
(k) “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.
(l) “Parent-in-law” means the parent of a spouse or a domestic partner.
(m) “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.
(n) “Sibling” means a person related to another person by blood, adoption, or affinity through a common legal or biological parent.
(o) “Spouse” means a partner to a lawful marriage.
(p) “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, placement of the child in connection with foster care or adoption, or an individual’s assumption of responsibilities for a child in loco parentis.
(q) “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.
(r) The amendments made to this section by the act adding this subdivision shall become operative on February 1, 2025.
SEC. 3.5.
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. 4.
Section 3302.1 of the Unemployment Insurance Code is amended to read:3302.1.
For purposes of this chapter, the following definitions apply:(a) “Covered active duty” means, with respect to a member of the regular Armed Forces of the United States, duty during the deployment of the member with the regular armed forces to a foreign country and, with respect to a member of the reserve components of the Armed Forces of the United States, duty during the deployment of the member of those reserve components to a foreign country under a federal call or order to active duty.
(b) “Disability benefit period” with respect to any individual, means the period of unemployment beginning with the first day an individual
establishes a valid claim for family temporary disability insurance benefits to care for a seriously ill family member, to bond with a minor child during the first year after the
birth, placement of the child in connection with foster care or adoption, or an individual’s assumption of responsibilities for a child in loco parentis, 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.
(1) Periods of family care leave for the same care recipient within a 12-month period shall be considered one disability benefit period.
(2) Periods of disability for pregnancy, as defined in Section 2608, and periods of family care leave for bonding associated with the birth of that child shall be considered one disability benefit period.
(c) The amendments made to this section by the act adding this subdivision shall become operative on February 1, 2025.
SEC. 5.
Section 3303 of the Unemployment Insurance Code is amended 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 their weekly benefit amount on any day in which they are 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, placement of the child in connection with foster care or adoption, or an 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, 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 directors 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) The amendments made to this section by the act adding this subdivision shall become operative on February 1, 2025.
SEC. 5.5.
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.
SEC. 6.
Section 3303.1 of the Unemployment Insurance Code is amended to read:3303.1.
(a) An individual is not eligible for family temporary disability insurance benefits with respect to any day that any of the following apply:(1) The individual has received, or is entitled to receive, unemployment compensation benefits under Part 1 (commencing with Section 100) or under an unemployment compensation act of any other state or of the federal government.
(2) The individual has received, or is entitled to receive, “other benefits” in the form of cash benefits as defined in Section 2629.
(3) The individual has received, or is entitled to receive, state
disability insurance benefits under Part 2 (commencing with Section 2601) or under a disability insurance act of any other state.
(4) (A) Another family member, as defined in Section 3302, is ready, willing, and able and is available for the same period of time in a day that the individual is providing the required care 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) Subparagraph (A) shall not apply to periods of disability commencing on or after February 1, 2025.
(b) An individual who is entitled to leave under the FMLA and the CFRA
shall take Family Temporary Disability Insurance (FTDI) leave concurrent with leave taken under the FMLA and the CFRA.
(c) (1) As a condition of an employee’s initial receipt of family temporary disability insurance benefits during any 12-month period in which an employee is eligible for these benefits, an employer may require an employee to take up to two weeks of earned but unused vacation leave prior to the employee’s initial receipt of these benefits. This subdivision does not relieve an employer of any duty of collective bargaining the employer may have regarding the subject matter of this subdivision.
(2) Paragraph (1) shall not apply to periods of disability commencing on or after February 1, 2025.
