Bill Text: CA AB867 | 2021-2022 | Regular Session | Introduced
Bill Title: Family care leave: child deceased in childbirth.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2022-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB867 Detail]
Download: California-2021-AB867-Introduced.html
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 867
| Introduced by Assembly Member Kiley |
February 17, 2021 |
An act to amend Section 3302 of the Unemployment Insurance Code, relating to employment, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 867, as introduced, Kiley.
Family care leave: child deceased in childbirth.
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 bond with a minor child within the first year of the child’s birth or placement in connection with foster care or
adoption (bonding leave).
This bill would expand eligibility for benefits under the paid family leave program by expanding bonding leave relating to a child’s birth to include leave for a parent who was pregnant with a child, if the child dies unexpectedly during childbirth at 37 weeks or more of pregnancy.
By authorizing expenditures from the Unemployment Compensation Disability Fund for a new purpose, this bill would make an appropriation.
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 3302 of the Unemployment Insurance Code is amended 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. 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. “Care recipient” includes, but is not limited to, the deceased child of a parent who was pregnant with the child, if the child dies unexpectedly during childbirth at 37 weeks or more of pregnancy.
(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. “Care provider” includes, but is not limited to, a parent who was pregnant with a child that dies unexpectedly during childbirth at 37 weeks or more of pregnancy.
(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. For the purpose of subparagraph (B) of paragraph (1) of subdivision (e),
“child” also includes the deceased child of a parent who was pregnant with the child, if the child dies unexpectedly during childbirth at 37 weeks or more of pregnancy.
(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) (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) As used in this paragraph, “leave to bond with a minor child within
the first year of the child’s birth” includes, but is not limited to, leave for a parent who was pregnant with a child, if the child dies unexpectedly during childbirth at 37 weeks or more of pregnancy.
(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) “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
(j) “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.
(k) “Parent-in-law” means the parent of a spouse or a domestic partner.
(l) “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.
(m) “Sibling” means a person related to another person by blood, adoption, or affinity through a common legal or biological parent.
(n) “Spouse” means a partner to a lawful marriage.
(o) “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.
(p) “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.
