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California Leave Laws

Paid Family Leave Insurance

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What Does The Law Provide?

Up to six weeks of wage replacement for workers who take time off to:

  1. Care for a seriously ill child, spouse, parent (not including in-laws), or domestic partner, OR
  2. Bond with a minor child, if it is within one year of the birth, adoption or foster care placement.

How Much Money Will I Receive?

There is a seven day waiting period during which no money has to be paid. Wage replacement starts once the seven days are up. (The seven days to not have to be consecutive.) The sole exception is that if the employer has required the employee to use two weeks of paid vacation, one week of that paid vacation time will count as satisfying the waiting period.

The amount of wage replacement an employee can receive ranges from a low of $50 to a high of $840 per week, depending on how much you have been earning. To determine the amount, the state first looks at your highest earnings quarter over a 12-month period. Your weekly benefit will be approximately 55% of what you earned during that highest earning quarter. As an example, to receive the maximum of $840 per week, you would have had to earn at least $19,830.92 in a calendar quarter during the applicable 12-month period.

Who is Eligible For Paid Family Leave Benefits?

You are eligible for benefits on any day you are unable to perform your regular work because you are caring for a seriously ill family member or bonding with a minor child (as described above) IF:

  1. You are covered by State Disability Insurance (SDI). The size of your employer does not affect your eligibility for wage replacement. You will be covered as long as you contributed to the SDI program. However, Paid Family Leave insurance does not entitle you to leave, nor to job protection. Your employer must be covered by the federal Family and Medical Leave Act (FMLA) or CFRA (below) in order to receive those benefits. (Basically, the California Paid Leave law is concerned only with payment while an employee is out of work -- not with providing an employee with the right to be out of work.)
  2. You make a claim for temporary disability benefits as required by the regulations; and
  3. You have been unable to perform your regular work for a seven-day waiting period; and
  4. You have filed a certificate as required by statute.

How Do I File A Claim For Temporary Disability Benefits?

You must file a DE2501F form, which you can order by calling 1-877-BE-THERE (the form is not available on-line). If your claim is related to caring for a seriously ill family member, you will also be required to provide a medical certificate (you will receive this certificate with the DE2501F). If your claim is related to leave to bond with a minor child, you will be required to submit evidence of your relationship to the child.

When Do I Have to File My Claim?

You must complete and mail your claim form no later than 42 days from the first day for which you may be paid due to the need to provide care or bond. If your claim is based on leave to bond with your minor child, you must make it within the first year after his or her birth, adoption or foster care placement.

What If I have Accrued Vacation Leave?

Your employer may require you to use up your accrued vacation days (up to two weeks), but may not require you to use your accrued sick days.

For more information, call 877-238-4373


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