SB 761, as introduced, DeSaulnier. Family temporary disability insurance.
Existing law provides that there is a family temporary disability insurance program to provide up to 6 weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, or domestic partner, or to bond with a minor child within one year of the birth or placement of the child in connection with foster care or adoption.
This bill would provide that it is unlawful for an employer or agent of an employer to discharge or in any other manner to discriminate against an individual because he or she has applied for, used, or indicated an intent to apply for or use, family temporary disability insurance benefits. The bill would provide that an employer or an agent of an employer that violates these provisions shall be liable to an individual affected by the violation for actual damages and appropriate equitable relief, including employment or reinstatement. The bill would also provide that if an employee or applicant brings a civil action seeking these remedies and he or she prevails, the court may award the employee or applicant reasonable attorney’s fees and costs.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 3301 of the Unemployment Insurance
2Code is amended to read:
(a) (1) The purpose of this chapter is to establish, within
4the state disability insurance program, a family temporary disability
5insurance program. Family temporary disability insurance shall
6provide up to six weeks of wage replacement benefits to workers
7who take time off work to care for a seriously ill child, spouse,
8parent,begin insert orend insert domestic partner, or to bond with a minor child within
9one year of the birth or placement of the child in connection with
10foster care or adoption.
11(2) Nothing in this chapter shall be construed to abridge the
12rights and responsibilities conveyed under the CFRA or
pregnancy
13disability leave.
14(b) An individual’s “weekly benefit amount” shall be the amount
15provided in Section 2655. An individual is eligible to receive
16family temporary disability insurance benefits equal to one-seventh
17of his or her weekly benefit amount for each full day during which
18he or she is unable to work due to caring for a seriously ill or
19injured family member or bonding with a minor child within one
20year of the birth or placement of the child in connection with foster
21care or adoption.
22(c) The maximum amount payable to an individual during any
23disability benefit period for family temporary disability insurance
24shall be six times his or her “weekly benefit amount,” but in no
25case shall the total amount of benefits payable be more than the
26total wages paid to the individual during his or her disability base
27period. If the benefit is not a multiple of one dollar ($1),
it shall
28be computed to the next higher multiple of one dollar ($1).
29(d) No more than six weeks of family temporary disability
30insurance benefits shall be paid within any 12-month period.
31(e) An individual shall file a claim for family temporary
32disability insurance benefits not later than the 41st consecutive
33day following the first compensable day with respect to which the
34claim is made for benefits, which time shall be extended by the
35department upon a showing of good cause. If a first claim is not
36complete, the claim form shall be returned to the claimant for
37completion and it shall be completed and returned not later than
38the 10th consecutive day after the date it was mailed by the
P3 1department to the claimant, except that such time shall be extended
2by the department upon a showing of good cause.
3(f) An employer or agent of an employer that discharges or in
4any other manner discriminates against an individual because he
5or she has applied for, used, or indicated an intent to apply for or
6use, family temporary disability insurance benefits under this
7section shall be liable to an individual affected by the violation
8for actual damages and appropriate equitable relief, including
9employment or reinstatement. An employee or applicant may bring
10a civil action seeking these remedies in a court of competent
11jurisdiction. If the employee or applicant prevails in the action,
12the court may award the employee or applicant reasonable
13attorney’s fees and costs.
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