BILL NUMBER: AB 908	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 18, 2015

INTRODUCED BY   Assembly Member Gomez

                        FEBRUARY 26, 2015

   An act to amend Section  316    
3301  of the Unemployment Insurance Code, relating to 
unemployment insurance.   disability compensation, and
making an appropriation therefor. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 908, as amended, Gomez.  Unemployment insurance.
  Disability compensation: family temporary disability
insurance.  
   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.  
   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.  
   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.  
   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 an increase in the expenditure of money
from the Unemployment Compensation Disability Fund, would make an
appropriation.  
   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.  
   This bill would instead require that information and those pages
to be printed and available in 10 languages other than English.

   Vote: majority. Appropriation:  no   yes
 . Fiscal committee: yes. 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   10  weeks of
wage replacement benefits to workers who take time off work to care
for a seriously ill child, spouse, parent, grandparent, grandchild,
sibling, 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   10  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   10  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) This section shall become operative on July 1, 2014. 

   (f) For purposes of this chapter, an individual's "weekly benefit
amount" shall be as follows:  
   (1) When the amount of wages paid to the individual for employment
by employers during the quarter of the individual's disability base
period in which these wages were highest is not more than four
thousand sixty three dollars ($4,063), then two hundred fifty dollars
($250).  
   (2) When the amount of wages paid to the individual for employment
by employers during the quarter of the individual's disability base
period in which these wages were highest is more than four thousand
sixty three dollars ($4,063), and does not exceed 25 percent of the
amount of the annual full-time minimum wage level, then 80 percent of
the amount of wages paid to the individual for employment by
employers during the quarter of the individual's disability base
period in which these wages were highest, divided by 13. If the
weekly benefit amount is not a multiple of one dollar ($1), it shall
be computed to the next higher multiple of one dollar ($1). 

   (3) When the amount of wages paid to the individual for employment
by employers during the quarter of the individual's disability base
period in which these wages were highest exceeds 25 percent of the
amount of the annual full-time minimum wage level, but does not
exceed 75 percent of the amount of the annual full-time minimum wage
level, then either (A) 20 percent of the annual full-time minimum
wage level divided by 13 or (B) 75 percent of the amount of wages
paid to the individual for employment by employers during the quarter
of the individual's disability base period in which these wages were
highest divided by 13, whichever amount is greater. If the weekly
benefit amount is not a multiple of one dollar ($1), it shall be
computed to the next higher multiple of one dollar ($1).  
   (4) Except as provided in paragraph (5), when the amount of wages
paid to the individual for employment by employers during the quarter
of the individual's disability base period in which these wages were
highest exceeds 75 percent of the amount of the annual full-time
minimum wage level, then either (A) 56.25 percent of the annual
full-time minimum wage level divided by 13 or (B) 65 percent of the
amount of wages paid to the individual for employment by employers
during the quarter of the individual's disability base period in
which these wages were highest divided by 13, whichever amount is
greater. If the weekly benefit amount is not a multiple of one dollar
($1), it shall be computed to the next higher multiple of one dollar
($1).  
   (5) An individual's "weekly benefit amount" shall not exceed the
maximum workers' compensation temporary disability indemnity weekly
benefit amount established by the Department of Industrial Relations
pursuant to Section 4453 of the Labor Code.  
   (g) For purposes of this chapter, the "annual full-time minimum
wage level" means 2,000 hours multiplied by the hourly minimum wage
in effect pursuant to Section 1182.12 of the Labor Code. 

  SECTION 1.    Section 316 of the Unemployment
Insurance Code is amended to read:
   316.  (a) There shall be maintained within an appropriate division
of the department, a bureau, section, or unit relating to education
and public instruction for the purpose of informing employers and
workers of their rights and responsibilities under this code, and of
instructing the public generally concerning its basic purposes,
provisions, and operations. All standard information employee
pamphlets concerning unemployment and disability insurance programs
shall be printed in English and the 10 other most commonly used
languages among participants in each program in such number as he or
she may determine.
   (b) The department shall make the pages on its Internet Web site
that provide information regarding applying for, and receiving,
unemployment insurance benefits available in the 10 languages, other
than English, most commonly used by unemployment insurance applicants
and claimants.