Senate BillNo. 770


Introduced by Senators Jackson and DeSaulnier

February 22, 2013


An act to amend Sections 2708, 3300, 3301, 3302, and 3303 of the Unemployment Insurance Code, relating to unemployment insurance, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

SB 770, as introduced, Jackson. Unemployment compensation: disability benefits: paid family leave.

Under existing law, the family temporary disability insurance program provides up to 6 weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, 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. These benefits are payable for family temporary disability leaves that begin on and after July 1, 2004.

This bill would expand the scope of the family temporary disability program to include time off to care for a seriously ill grandparent, grandchild, sibling, or parent-in-law, as defined. The bill would also make conforming and clarifying changes in provisions relating to family temporary disability compensation.

Under existing law, workers are required to pay contributions to the Unemployment Compensation Disability Fund, a special fund in the State Treasury, and those funds are continuously appropriated for the purpose of providing disability benefits and making payment of expenses in administering those provisions.

This bill, by authorizing expenditure of money in the Unemployment Compensation Disability Fund for a new purpose, would make an appropriation.

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 2708 of the Unemployment Insurance
2Code
is amended to read:

3

2708.  

(a) (1) In accordance with the director’s authorized
4regulations, and except as provided in subdivision (c) and Sections
52708.1 and 2709, a claimant shall establish medical eligibility for
6each uninterrupted period of disability by filing a first claim for
7disability benefits supported by the certificate of a treating
8physician or practitioner that establishes the sickness, injury, or
9pregnancy of the employee, or the condition of the family member
10that warrants the care of the employee. For subsequent periods of
11uninterrupted disability after the period covered by the initial
12certificate or any preceding continued claim, a claimant shall file
13a continued claim for those benefits supported by the certificate
14of a treating physician or practitioner. A certificate filed to establish
15medical eligibility for the employee’s own sickness, injury, or
16pregnancy shall contain a diagnosis and diagnostic code prescribed
17in the International Classification of Diseases, or,begin delete whereend deletebegin insert ifend insert no
18diagnosis has yet been obtained, a detailed statement of symptoms.

19(2) A certificate filed to establish medical eligibility of the
20employee’s own sickness, injury, or pregnancy shall also contain
21a statement of medical facts including secondary diagnoses when
22applicable, within the physician’s or practitioner’s knowledge,
23based on a physical examination and a documented medical history
24of the claimant by the physician or practitioner, indicating the
25physician’s or practitioner’s conclusion as to the claimant’s
26disability, and a statement of the physician’s or practitioner’s
27opinion as to the expected duration of the disability.

28(b) An employee shall be required to file a certificate to establish
29eligibility when taking leave to care for a family member with a
30serious health condition. The certificate shall be developed by the
31department. In order to establish medical eligibility of the serious
32health condition of the family member that warrants the care of
33the employee, the information shall be within the physician’s or
34practitioner’s knowledge and shall be based on a physical
P3    1examination and documented medical history of the family member
2and shall contain all of the following:

3(1) A diagnosis and diagnostic code prescribed in the
4International Classification of Diseases, or,begin delete whereend deletebegin insert ifend insert no diagnosis
5has yet been obtained, a detailed statement of symptoms.

6(2) The date, if known, on which the condition commenced.

7(3) The probable duration of the condition.

8(4) An estimate of the amount of time that the physician or
9practitioner believes the employeebegin delete is neededend deletebegin insert needsend insert to care for the
10child, parent,begin insert grandparent, grandchild, sibling,end insert spouse, or domestic
11partner.

12(5) (A) A statement that the serious health condition warrants
13the participation of the employee to provide care for his or her
14child, parent,begin insert grandparent, grandchild, sibling,end insert spouse, or domestic
15partner.

16(B) “Warrants the participation of the employee” includes, but
17is not limited to, providing psychological comfort, and arranging
18“third party” care for the child, parent,begin insert grandparent, grandchild,
19sibling,end insert
spouse, or domestic partner, as well as directly providing,
20or participating in, the medical care.

21(c) The department shall develop a certification form for bonding
22that is separate and distinct from the certificate required in
23subdivision (a) for an employee taking leave to bond with a minor
24child within the first year of the child’s birth or placement in
25connection with foster care or adoption.

26(d) The first and any continuing claim of an individual who
27obtains care and treatment outside this state shall be supported by
28a certificate of a treating physician or practitioner duly licensed
29or certified by the state or foreign country in which the claimant
30is receiving the care and treatment. If a physician or practitioner
31licensed by and practicing in a foreign country is under
32investigation by the department for filing false claims and the
33department does not have legal remedies to conduct a criminal
34investigation or prosecution in that country, the department may
35suspend the processing of all further certifications until the
36physician or practitioner fully cooperates, and continues to
37cooperate with the investigation. A physician or practitioner
38licensed by and practicing in a foreign country who has been
39convicted of filing false claims with the department may not file
P4    1a certificate in support of a claim for disability benefits for a period
2of five years.

3(e) For purposes of this part:

4(1) “Physician” has the same meaning as defined in Section
53209.3 of the Labor Code.

6(2) “Practitioner” means a person duly licensed or certified in
7California acting within the scope of his or her license or
8certification who is a dentist, podiatrist, or a nurse practitioner,
9and in the case of a nurse practitioner, after performance of a
10physical examination by a nurse practitioner and collaboration
11with a physician and surgeon, or as to normal pregnancy or
12childbirth, a midwife or nurse midwife, or nurse practitioner.

13(f) For a claimant who is hospitalized in or under the authority
14of a county hospital in this state, a certificate of initial and
15continuing medical disability, if any, shall satisfy the requirements
16of this section if the disability is shown by the claimant’s hospital
17chart, and the certificate is signed by the hospital’s registrar. For
18a claimant hospitalized in or under the care of a medical facility
19of the United States government, a certificate of initial and
20continuing medical disability, if any, shall satisfy the requirements
21of this section if the disability is shown by the claimant’s hospital
22chart, and the certificate is signed by a medical officer of the
23facility duly authorized to do so.

24(g) Nothing in this section shall be construed to preclude the
25department from requesting additional medical evidence to
26supplement the first or any continued claim if the additional
27evidence can be procured without additional cost to the claimant.
28The department may require that the additional evidence include
29any or all of the following:

30(1) Identification of diagnoses.

31(2) Identification of symptoms.

32(3) A statement setting forth the facts of the claimant’s disability.
33The statement shall be completed by any of the following
34individuals:

35(A) The physician or practitioner treating the claimant.

36(B) The registrar, authorized medical officer, or other duly
37authorized official of the hospital or health facility treating the
38claimant.

39(C) An examining physician or other representative of the
40department.

P5    1

SEC. 2.  

Section 3300 of the Unemployment Insurance Code
2 is amended to read:

3

3300.  

The Legislature finds and declares all of the following:

4(a) It is in the public benefit to provide family temporary
5disability insurance benefits to workers to care for their family
6members. The need for family temporary disability insurance
7benefits has intensified as the participation of both parents in the
8workforce has increased, and the number of single parents in the
9workforce has grown. The need for partial wage replacement for
10workers taking family care leave will be exacerbated as the
11population of those needing care, both children and parents of
12workers, increases in relation to the number of working age adults.

13(b) Family Temporary Disability Insurance shall be known as
14Paid Family Leave.

15(c) Developing systems that help families adapt to the competing
16interests of work and home not only benefits workers, but also
17benefits employers by increasing worker productivity and reducing
18employee turnover.

19(d) The federal Family and Medical Leave Act (FMLA) and
20California’s Family Rights Act (CFRA) entitle eligible employees
21working for covered employers to take unpaid, job-protected leave
22for up to 12 workweeks in a 12-month period. Under the FMLA
23and the CFRA, unpaid leave may be taken for the birth, adoption,
24or foster placement of a new child; to care for a seriously ill child,
25parent, or spouse; or for the employee’s own serious health
26condition.

27(e) State disability insurance benefits currently provide wage
28replacement for workers who need time off due to their own
29begin delete non-work-relatedend deletebegin insert nonwork-relatedend insert injuries, illnesses, or conditions,
30including pregnancy, that prevent them from working, but do not
31cover leave to care for a sick or injured child, spouse, parent,
32begin insert grandparent, grandchild, sibling, orend insert domestic partner, or leave to
33bond with a new child.

34(f) The majority of workers in this state are unable to take family
35care leave because they are unable to afford leave without pay.
36When workers do not receive some form of wage replacement
37during family care leave, families suffer from the worker’s loss of
38income, increasing the demand on the state unemployment
39insurance system and dependence on the state’s welfare system.

P6    1(g) It is the intent of the Legislature to create a family temporary
2disability insurance program to help reconcile the demands of work
3and family. The family temporary disability insurance program
4shall be a component of the state’s unemployment compensation
5disability insurance program, shall be funded through employee
6contributions, and shall be administered in accordance with the
7policies of the state disability insurance program created pursuant
8to this part. Initial and ongoing administrative costs associated
9with the family temporary disability insurance program shall be
10payable from the Disability Fund.

11

SEC. 3.  

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

13

3301.  

(a) (1) The purpose of this chapter is to establish, within
14the state disability insurance program, a family temporary disability
15insurance program. Family temporary disability insurance shall
16provide up to six weeks of wage replacement benefits to workers
17who take time off work to care for a seriously ill child, spouse,
18parent,begin insert grandparent, grandchild, sibling, orend insert domestic partner, or
19to bond with a minor child within one year of the birth or placement
20of the child in connection with foster care or adoption.

21(2) Nothing in this chapter shall be construed to abridge the
22rights and responsibilities conveyed under the CFRA or pregnancy
23disability leave.

24(b) An individual’s “weekly benefit amount” shall be the amount
25provided in Section 2655. An individual is eligible to receive
26family temporary disability insurance benefits equal to one-seventh
27of his or her weekly benefit amount for each full day during which
28he or she is unable to work due to caring for a seriously ill or
29injured family member or bonding with a minor child within one
30year of the birth or placement of the child in connection with foster
31care or adoption.

32(c) The maximum amount payable to an individual during any
33disability benefit period for family temporary disability insurance
34shall be six times his or her “weekly benefit amount,” but in no
35case shall the total amount of benefits payable be more than the
36total wages paid to the individual during his or her disability base
37period. If the benefit is not a multiple of one dollar ($1), it shall
38be computed to the next higher multiple of one dollar ($1).

39(d) No more than six weeks of family temporary disability
40insurance benefits shall be paid within any 12-month period.

P7    1(e) An individual shall file a claim for family temporary
2disability insurance benefits not later than the 41st consecutive
3day following the first compensable day with respect to which the
4claim is made for benefits, which time shall be extended by the
5department upon a showing of good cause. If a first claim is not
6complete, the claim form shall be returned to the claimant for
7completion and it shall be completed and returned not later than
8the 10th consecutive day after the date it was mailed by the
9department to the claimant, except that such time shall be extended
10by the department upon a showing of good cause.

11

SEC. 4.  

Section 3302 of the Unemployment Insurance Code
12 is amended to read:

13

3302.  

For purposes of this part:

14(a) “Care recipient” means the family member who is receiving
15care for a serious health condition or the new child with whom the
16care provider is bonding.

17(b) “Care provider” means the family member who is providing
18the required care for a serious health condition or the family
19member who is bonding with the new child.

20(c) “Child” means a biological, adopted, or foster son or
21daughter, a stepson or stepdaughter, a legal ward, a son or daughter
22of a domestic partner, or the person to whom the employee stands
23in loco parentis.

24(d) “Domestic partner” has the same meaning as defined in
25Section 297 of the Family Code.

26(e) “Family care leave” means any of the following:

27(1) Leave to bond with a minor child within the first year of the
28child’s birth or placement in connection with foster care or
29adoption.

30(2) Leave to care for a child, parent,begin insert grandparent, grandchild,
31sibling,end insert
spouse, or domestic partner who has a serious health
32condition.

33(f) “Family member” means child, parent,begin insert grandparent,
34grandchild, sibling,end insert
spouse, or domestic partner as defined in this
35section.

begin insert

36(g) “Grandchild” means a child of the employee’s child.

end insert
begin insert

37(h) “Grandparent” means a parent of the employee’s parent.

end insert
begin delete

38(g)

end delete

39begin insert(i)end insert “Parent” means a biological, foster, or adoptive parent, a
40begin insert parent-in-law, aend insert stepparent, a legal guardian, or other person who
P8    1stood in loco parentis to the employee when the employee was a
2child.

begin insert

3(j) “Parent-in-law” means the parent of a spouse or a domestic
4partner.

end insert
begin delete

5(h)

end delete

6begin insert(k)end insert “Serious health condition” means an illness, injury,
7impairment, or physical or mental condition that involves inpatient
8care in a hospital, hospice, or residential health care facility, or
9continuing treatment or continuing supervision by a health care
10provider, as defined in Section 12945.2 of the Government Code.

begin insert

11(l) “Sibling” means a person related to another person by blood,
12adoption, or affinity through a common legal or biological parent.

end insert
begin delete

13(i)

end delete

14begin insert(m)end insert “Spouse” means a partner to a lawful marriage.

begin delete

15(j)

end delete

16begin insert(n)end insert “Valid claim” means any claim for family temporary
17disability insurance benefits made in accordance with the
18provisions of this code, and any rules and regulations adopted
19thereunder, if the individual claiming benefits is unemployed and
20has been paid the necessary wages in employment for employers
21to qualify for benefits under Section 2652 and is caring for a
22seriously ill family member, or bonding with a minor child during
23the first year after the birth or placement of the child in connection
24with foster care or adoption.

begin delete

25(k)

end delete

26begin insert(o)end insert “Twelve-month period,” with respect to any individual,
27means the 365 consecutive days that begin with the first day the
28individual first establishes a valid claim for family temporary
29disability benefits.

30

SEC. 5.  

Section 3303 of the Unemployment Insurance Code
31 is amended to read:

32

3303.  

An individual shall be deemed eligible for family
33temporary disability insurance benefits equal to one-seventh of
34his or her weekly benefit amount on any day in which he or she is
35unable to perform his or her regular or customary work because
36he or she is bonding with a minor child during the first year after
37the birth or placement of the child in connection with foster care
38or adoption or caring for a seriously ill child, parent,begin insert grandparent,
39grandchild, sibling,end insert
spouse, or domestic partner, only if the director
40finds all of the following:

P9    1(a) The individual has made a claim for temporary disability
2 benefits as required by authorized regulations.

3(b) The individual has been unable to perform his or her regular
4or customary work for a seven-day waiting period during each
5disability benefit period, with respect to which waiting period no
6family temporary disability insurance benefits are payable.

7(c) The individual has filed a certificate, as required by Sections
82708 and 2709.



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