Amended in Assembly March 18, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 908


Introduced by Assembly Member Gomez

February 26, 2015


An act to amend Sectionbegin delete 316end deletebegin insert end insertbegin insert3301end insert of the Unemployment Insurance Code, relating tobegin delete unemployment insurance.end deletebegin insert disability compensation, and making an appropriation therefor.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 908, as amended, Gomez. begin deleteUnemployment insurance. end deletebegin insertDisability compensation: family temporary disability insurance.end insert

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Existing unemployment compensation disability law provides a formula for determining benefits available to qualifying disabled individuals. For an individual who has quarterly base wages of greater than $1,749.20, the weekly benefit is calculated by multiplying base wages by 55% and dividing the result by 13. For a benefit that is not a multiple of $1, existing law provides that the benefit shall be computed to the next higher multiple of $1. However, existing law provides that this amount may not exceed the maximum workers’ compensation temporary disability indemnity weekly benefit amount.

end insert
begin insert

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 specified persons, 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. Existing law defines “weekly benefit amount” for purposes of this program to mean the amount of benefits available to qualifying disabled individuals pursuant to unemployment compensation disability law.

end insert
begin insert

This bill would require the family temporary disability insurance program to provide up to 10 weeks of wage replacement benefits. This bill would, for purposes of this program, require the weekly benefit amount to be calculated with a specified formula. However, the amount would be prohibited from being less than $250 and more than the maximum workers’ compensation temporary disability indemnity weekly benefit amount, as specified.

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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.

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This bill, by authorizing an increase in the expenditure of money from the Unemployment Compensation Disability Fund, would make an appropriation.

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Existing unemployment insurance law requires all standard information pamphlets provided by the Employment Development Department concerning unemployment and disability insurance programs to be printed in English and the 7 other most commonly used languages among participants in each program. Existing law also requires the Employment Development Department to make pages on its Internet Web site that provide information regarding applying for, and receiving, unemployment insurance benefits available in the 7 languages, other than English, most commonly used by unemployment insurance applicants and claimants.

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This bill would instead require that information and those pages to be printed and available in 10 languages other than English.

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Vote: majority. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: yes. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 3301 of the end insertbegin insertUnemployment Insurance
2Code
end insert
begin insert is amended to read:end insert

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 tobegin delete sixend deletebegin insert 10end insert weeks of wage replacement benefits to workers
7who take time off work to care for a seriously ill child, spouse,
8parent, grandparent, grandchild, sibling, or domestic partner, or
P3    1to bond with a minor child within one year of the birth or placement
2of the child in connection with foster care or adoption.

3(2) Nothing in this chapter shall be construed to abridge the
4rights and responsibilities conveyed under the CFRA or pregnancy
5disability leave.

6(b) Anbegin delete individual’s “weekly benefit amount” shall be the amount
7provided in Section 2655. Anend delete
individual is eligible to receive
8family temporary disability insurance benefits equal to one-seventh
9of his or her weekly benefit amount for each full day during which
10he or she is unable to work due to caring for a seriously ill or
11injured family member or bonding with a minor child within one
12year of the birth or placement of the child in connection with foster
13care or adoption.

14(c) The maximum amount payable to an individual during any
15disability benefit period for family temporary disability insurance
16shall bebegin delete sixend deletebegin insert 10end insert times his or her “weekly benefit amount,” but in
17no case shall the total amount of benefits payable be more than
18the total wages paid to the individual during his or her disability
19base period.begin delete If the benefit is not a multiple of one dollar ($1), it
20shall be computed to the next higher multiple of one dollar ($1).end delete

21(d) No more thanbegin delete sixend deletebegin insert 10end insert weeks of family temporary disability
22insurance benefits shall be paid within any 12-month period.

23(e) An individual shall file a claim for family temporary
24disability insurance benefits not later than the 41st consecutive
25day following the first compensable day with respect to which the
26claim is made for benefits, which time shall be extended by the
27department upon a showing of good cause. If a first claim is not
28complete, the claim form shall be returned to the claimant for
29completion and it shall be completed and returned not later than
30the 10th consecutive day after the date it was mailed by the
31department to the claimant, except that such time shall be extended
32by the department upon a showing of good cause.

begin delete

33(f) This section shall become operative on July 1, 2014.

end delete
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34(f) For purposes of this chapter, an individual’s “weekly benefit
35amount” shall be as follows:

end insert
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36(1) When the amount of wages paid to the individual for
37employment by employers during the quarter of the individual’s
38disability base period in which these wages were highest is not
39more than four thousand sixty three dollars ($4,063), then two
40hundred fifty dollars ($250).

end insert
begin insert

P4    1(2) When the amount of wages paid to the individual for
2employment by employers during the quarter of the individual’s
3disability base period in which these wages were highest is more
4than four thousand sixty three dollars ($4,063), and does not
5exceed 25 percent of the amount of the annual full-time minimum
6wage level, then 80 percent of the amount of wages paid to the
7individual for employment by employers during the quarter of the
8individual’s disability base period in which these wages were
9highest, divided by 13. If the weekly benefit amount is not a multiple
10of one dollar ($1), it shall be computed to the next higher multiple
11of one dollar ($1).

end insert
begin insert

12(3) When the amount of wages paid to the individual for
13employment by employers during the quarter of the individual’s
14disability base period in which these wages were highest exceeds
1525 percent of the amount of the annual full-time minimum wage
16level, but does not exceed 75 percent of the amount of the annual
17full-time minimum wage level, then either (A) 20 percent of the
18annual full-time minimum wage level divided by 13 or (B) 75
19percent of the amount of wages paid to the individual for
20employment by employers during the quarter of the individual’s
21disability base period in which these wages were highest divided
22by 13, whichever amount is greater. If the weekly benefit amount
23is not a multiple of one dollar ($1), it shall be computed to the next
24higher multiple of one dollar ($1).

end insert
begin insert

25(4) Except as provided in paragraph (5), when the amount of
26wages paid to the individual for employment by employers during
27the quarter of the individual’s disability base period in which these
28wages were highest exceeds 75 percent of the amount of the annual
29full-time minimum wage level, then either (A) 56.25 percent of the
30annual full-time minimum wage level divided by 13 or (B) 65
31percent of the amount of wages paid to the individual for
32employment by employers during the quarter of the individual’s
33disability base period in which these wages were highest divided
34by 13, whichever amount is greater. If the weekly benefit amount
35is not a multiple of one dollar ($1), it shall be computed to the next
36higher multiple of one dollar ($1).

end insert
begin insert

37(5) An individual’s “weekly benefit amount” shall not exceed
38the maximum workers’ compensation temporary disability
39indemnity weekly benefit amount established by the Department
40of Industrial Relations pursuant to Section 4453 of the Labor Code.

end insert
begin insert

P5    1(g) For purposes of this chapter, the “annual full-time minimum
2wage level” means 2,000 hours multiplied by the hourly minimum
3wage in effect pursuant to Section 1182.12 of the Labor Code.

end insert
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4

SECTION 1.  

Section 316 of the Unemployment Insurance
5Code
is amended to read:

6

316.  

(a) There shall be maintained within an appropriate
7division of the department, a bureau, section, or unit relating to
8education and public instruction for the purpose of informing
9employers and workers of their rights and responsibilities under
10this code, and of instructing the public generally concerning its
11basic purposes, provisions, and operations. All standard information
12employee pamphlets concerning unemployment and disability
13insurance programs shall be printed in English and the 10 other
14most commonly used languages among participants in each
15program in such number as he or she may determine.

16(b) The department shall make the pages on its Internet Web
17site that provide information regarding applying for, and receiving,
18unemployment insurance benefits available in the 10 languages,
19other than English, most commonly used by unemployment
20insurance applicants and claimants.

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