BILL NUMBER: AB 908	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 31, 2015
	AMENDED IN SENATE  JUNE 18, 2015
	AMENDED IN ASSEMBLY  MARCH 18, 2015

INTRODUCED BY   Assembly Members Gomez and Burke
   (Coauthor: Assembly Member Gonzalez)

                        FEBRUARY 26, 2015

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 908, as amended, Gomez. 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   8  weeks of
wage replacement benefits  on and after January 1, 2018  .
This bill would, for purposes of this program  on and after
January 1, 2017  , require the weekly benefit amount to be
calculated with a specified formula. However, the amount would be
prohibited from being less than $250  , except as specified,
 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.
   Vote: majority. Appropriation: 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 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 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) This section shall become  operative on July 1, 2014.
  inoperative and shall be repealed on January 1, 2017.

   SEC. 2.    Section 3301 is added to the  
Unemployment Insurance Code   , to read:  
   3301.  (a) (1) (A) 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 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 the placement of the child in
connection with foster care or adoption.
   (B) Before January 1, 2018, up to six weeks of wage replacement
benefits shall be provided.
   (C) On and after January 1, 2018, up to eight weeks of wage
replacement benefits shall be provided.
   (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 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
the placement of the child in connection with foster care or
adoption.
   (c) (1) Before January 1, 2018, 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.
   (2) On and after January 1, 2018, the maximum amount payable to an
individual during any disability benefit period for family temporary
disability insurance shall be eight 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.
   (d) (1) Before January 1, 2018, no more than six weeks of family
temporary disability insurance benefits shall be paid within any
12-month period.
   (2) On and after January 1, 2018, no more than eight 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) 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), except that the weekly benefit amount shall not exceed the
amount of wages paid to the individual during the quarter of the
person's disability base period in which these wages were highest
divided by 13.
   (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), but not more than five thousand dollars
($5,000), 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 is more than five thousand
dollars ($5,000), but is not more than fifteen thousand dollars
($15,000), then either (A) three hundred eight dollars ($308) 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 fifteen thousand dollars ($15,000), then either (A)
eight hundred sixty five dollars ($865) 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) This section shall become operative on January 1, 2017. 

  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 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 the 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 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
the 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 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.
   (d) No more than 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) 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.