Amended in Senate May 24, 2013

Senate BillNo. 761


Introduced by Senator DeSaulnier

February 22, 2013


An act to amend Section 3301 of the Unemployment Insurance Code, relating to disability insurance.

LEGISLATIVE COUNSEL’S DIGEST

SB 761, as amended, 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 employerbegin delete or an agent of an employerend deletebegin insert who regularly employs 10 or more individuals, or an agent of that employer,end insert that violates these provisionsbegin insert by discriminating against an employee who has been employed by him or her for 90 working days or moreend insert shall be liable tobegin delete an individualend deletebegin insert the employeeend insert affected by the violation for actual damages and appropriate equitable relief, includingbegin delete employment orend delete reinstatement. The bill would also provide that if an employeebegin delete or applicantend delete brings a civil action seeking these remedies and he or she prevails, the court may award the employeebegin delete or applicantend delete 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:

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SECTION 1.  

Section 3301 of the Unemployment Insurance
2Code
is amended to read:

3

3301.  

(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, or 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
P3    1claim is made for benefits, which time shall be extended by the
2department upon a showing of good cause. If a first claim is not
3complete, the claim form shall be returned to the claimant for
4completion and it shall be completed and returned not later than
5the 10th consecutive day after the date it was mailed by the
6department to the claimant, except that such time shall be extended
7by the department upon a showing of good cause.

8(f) An employerbegin delete or agent of an employerend deletebegin insert who regularly employs
910 or more individuals, or an agent of that employer,end insert
that
10discharges or in any other manner discriminates against an
11begin delete individualend deletebegin insert employee who has been employed by him or her for 90
12working days or moreend insert
becausebegin delete he or sheend deletebegin insert the employeeend insert has applied
13for, used, or indicated an intent to apply for or use, family
14temporary disability insurance benefits under this section shall be
15liable to anbegin delete individualend deletebegin insert employeeend insert affected by thebegin insert unlawfulend insert violation
16for actual damages and appropriate equitable relief, including
17begin delete employment orend delete reinstatement. An employeebegin delete or applicantend delete may bring
18a civil action seeking these remedies in a court of competent
19jurisdiction. If the employeebegin delete or applicantend delete prevails in the action,
20the court may award the employeebegin delete or applicantend delete reasonable
21attorney’s fees and costs.



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