LAST week, we wrote about the California Family Rights Act (CFRA) which entitles qualified employees 12 weeks of leave from work when they have to care for their seriously ill child, parent or spouse, for birth of and bonding with a newborn, or for the adoption or foster care a child. In the absence of employer policies providing payment to employees, the leave is unpaid when employees are off work for these reasons,
However, California created a component under the State Disability Insurance (SDI) program which entitled employees to disability payments while they take time off work:
– To care for a seriously ill child, spouse, parent, domestic partner,
– To bond with a new child,
– To bond child in connection with adoption or foster care placement.
The program, known as Paid Family Leave (PFL), is administered by the State Employment Development Department’s (EDD) Disability Insurance Branch. Employees covered by SDI are also covered for this benefit. Employees who are covered by a Voluntary Plan for SDI are required to be covered for PFL through their Voluntary Plan. The maximum claim benefit is six times the weekly benefit amount. No more than six weeks of PFL benefits may be paid within any 12-month period.
Employees who apply for paid family leave must provide a medical certificate of the seriously ill family member. The certificate must include a qualified diagnosis; the beginning date of the disability; the probable duration; the estimated time care is needed; and state that the serious health condition requiring employee to provide care. This includes “providing psychological comfort” and arranging “third party care.”
An estimate of the amount of time necessary to provide care is also required. If another family member is able to provide care at the same period of time that the employee is providing the required care, the employee may not qualify for paid leave.
A separate certification must be completed for leave associated with the birth, adoption, or foster care placement of a child. For bonding with a child, PFL is limited to the first year after the birth, adoption, or foster care placement of a child.
There is a seven-day waiting period before benefits are paid. The employer may require the employee to use up to two weeks of vacation leave or paid time off (PTO) prior to receiving paid leave benefits. The first week of vacation or PTO will be applied to the waiting period. Employees who are entitled to leave under the federal Family Medical Leave Act and the California Family Rights Act must take PFL concurrent with leave taken under those acts.
Employees cannot receive PFL benefits while receiving Disability Insurance, Unemployment Insurance, or Workers’ Compensation benefits that exceed their weekly benefit amount.
The Law Offices of C. Joe Sayas, Jr. welcomes inquiries about this topic. All inquiries are confidential and at no-cost. You can contact the office at (818) 291-0088 or visit www.joesayaslaw.com
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C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully obtained significant results, including several million dollar recoveries for consumers against insurance companies and employers. He has been selected as a Super Lawyer by the Los Angeles Magazine, and is a member of the Million Dollar-Advocates Forum – a prestigious group of trial lawyers whose membership is limited to those who have demonstrated exceptional skill, experience and excellence in advocacy. He has been featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements for his professional accomplishments and recipient of numerous awards from community and media organizations. His litigation practice concentrates in the following areas: wage and hour (overtime) litigation, serious personal injuries, wrongful death, insurance claims, and unfair business practices. His law firm is currently class counsel to thousands of employees seeking payment of wages in California courts. You can visit his website at www.joesayaslaw.com or contact his office by telephone at (818) 291-0088. Inquiries to his law office are welcome and at no cost.
