California Paid Family Leave Act

California is one of the first states to mandate a Paid Family Leave Program, which provides partial wage-loss protection for employees who need to care for sick loved ones or a newborn baby.

California Paid Family Leave is a partial wage-loss program created by California law for workers who take time off to care for a family member with a serious health condition, a newborn or a newly adopted child. Paid Family Leave is part of the State Disability Insurance Program administered by the Employment Development Department and does not guarantee job protection.

Who Is Eligible?

California Paid Family Leave covers any full- or part-time employee who pays into the State Disability Insurance Program. Self-employed individuals who participate in the State Disability Insurance Elective Coverage Program may also request Paid Family Leave benefits.

Benefits

Paid Family Leave provides approximately 55 percent of lost wages for a maximum of six weeks over a 12-month period. The Employment Development Department (EDD) determines the benefit amount using the highest quarterly earnings in a claimant's base period. The base period covers a 12-month period. The EDD may also consider wages paid five to 18 months before the claim begins.

Qualifying Persons

Workers may take time off to bond with a newborn or newly adopted child or to care for a parent, child, spouse or domestic partner with a serious health condition. The EDD defines a serious health condition as "an illness, injury, impairment, or physical or mental condition of a patient" involving an incapacity or care at a treatment center.

Employer Provisions

The law allows employers to require that employees take up to two weeks of vacation leave prior to the initial receipt of benefits. Paid Family Leave can be paid in conjunction with unused sick leave, but benefits cannot surpass 100 percent of an employee's regular wages.

History

The California State Senate passed Senate Bill 1661 in 2002, establishing the Paid Family Leave Program. As of July 1, 2004, over 13 million California employees have received benefits.

Considerations

There is a seven-day, non-paid waiting period from the receipt of the claim to benefit payment. Also, employees who receive disability, unemployment compensation or worker's compensation at the time do not qualify to receive family leave benefits.

References

• California Employment Development Department: Paid Family Leave
• UCLA: California Paid Family Leave Benefits