California's Paid Family Leave Law
California legislators implemented the Paid Family Leave program in 2002. The program allows qualified workers, who participate in the State Disability Insurance (SDI) program, to take up to six weeks of partially paid leave per year (55 percent of lost wages) if they need to take time off from work to care for a spouse, child, parent or registered domestic partner with a serious health condition, or bond with a newborn baby, adopted or foster child.
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Eligibility
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The program is run by the California Employment Development Department, and potential applicants must contact them directly to submit an application. To qualify for the program, employees must be making contributions to the State Disability Insurance fund. If a Voluntary Plan Insurer provides disability insurance coverage for a company, it must also provide Paid Family Leave insurance coverage. Self-employed persons may also qualify for this program.
Definition: Serious Health Condition
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A serious health condition is defined as an illness, injury or physical or mental condition that involves either an overnight stay in a hospital, residential care facility or hospice, or continuing outpatient treatment. This includes disabilities resulting from elective surgery, pregnancy, childbirth, or a related medical condition, and people with terminal conditions, who are being cared for at home, but would not benefit from, or are not receiving continuing treatment. A medical certificate is required to establish the serious health condition.
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Benefits
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Benefits are calculated by earnings in the 12-month base period ranging from 5 to 18 months prior to the beginning of the claim. These earnings must total more than $300 and have been subject to State Disability Insurance tax. The weekly benefit will be 55 percent of the weekly wage and are currently capped at a weekly maximum of $987. While the program provides income replacement while on leave , it does not guarantee job protection during that leave.
Taking Leave
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It is not necessary to take all six weeks of leave consecutively. The leave can be taken in hourly, daily or weekly increments, as required. There is a seven day waiting period before being eligible for benefits, but the waiting period does not need to be over seven consecutive days. Hourly and daily leave will count towards the waiting period. Once a waiting period has been served another waiting period is not required, if leave is required for the same reason.
Disqualification
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If it is determined that a recipient is disqualified from the program, a disqualification notice and an appeal form will be issued. The recipient must appeal within 20 days of the mailing date of the notice. The appeal form must be completed, detailing the reasons why the disqualification is invalid. If it is determined that the appeal is valid, and there is entitlement to benefits, these will be reinstated.
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