BILL NUMBER: SB 761	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 24, 2013

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
employer  or an agent of an employer   who
regularly employs 10 or more individuals, or an agent of that
employer,  that violates these provisions  by discriminating
against an employee who has been employed by him or her for 90
working days or more  shall be liable to  an individual
  the employee  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 1.  Section 3301 of the Unemployment Insurance Code is
amended to read:
   3301.  (a) (1) The purpose of this chapter is to establish, within
the state disability insurance program, a family temporary
disability insurance program. Family temporary disability insurance
shall provide up to six 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.
   (2) Nothing in this chapter shall be construed to abridge the
rights and responsibilities conveyed under the CFRA or pregnancy
disability leave.
   (b) An individual's "weekly benefit amount" shall be the amount
provided in Section 2655. An individual is eligible to receive family
temporary disability insurance benefits equal to one-seventh of his
or her weekly benefit amount for each full day during which he or she
is unable to work due to caring for a seriously ill or injured
family member or bonding with a minor child within one year of the
birth or placement of the child in connection with foster care or
adoption.
   (c) The maximum amount payable to an individual during any
disability benefit period for family temporary disability insurance
shall be six times his or her "weekly benefit amount," but in no case
shall the total amount of benefits payable be more than the total
wages paid to the individual during his or her disability base
period. If the benefit is not a multiple of one dollar ($1), it shall
be computed to the next higher multiple of one dollar ($1).
   (d) No more than six weeks of family temporary disability
insurance benefits shall be paid within any 12-month period.
   (e) An individual shall file a claim for family temporary
disability insurance benefits not later than the 41st consecutive day
following the first compensable day with respect to which the claim
is made for benefits, which time shall be extended by the department
upon a showing of good cause. If a first claim is not complete, the
claim form shall be returned to the claimant for completion and it
shall be completed and returned not later than the 10th consecutive
day after the date it was mailed by the department to the claimant,
except that such time shall be extended by the department upon a
showing of good cause.
   (f) An employer  or agent of an employer  
who regularly employs 10 or more individuals, or an agent of that
employer, that discharges or in any other manner discriminates
against an  individual   employee who has been
employed by him or her for 90 working days or more  because
 he or she   the employee  has applied for,
used, or indicated an intent to apply for or use, family temporary
disability insurance benefits under this section shall be liable to
an  individual   employee  affected by the
 unlawful  violation for actual damages and appropriate
equitable relief, including  employment or 
reinstatement. An employee  or applicant  may bring
a civil action seeking these remedies in a court of competent
jurisdiction. If the employee  or applicant 
prevails in the action, the court may award the employee  or
applicant  reasonable attorney's fees and costs.