BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        AB 908|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
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                                   THIRD READING 


          Bill No:  AB 908
          Author:   Gomez (D) and Burke (D), et al.
          AmendedAmended:8/31/15 in Senate
          Vote:     21  

           SENATE LABOR & IND. REL. COMMITTEE:  4-1, 6/24/15
           AYES:  Mendoza, Jackson, Leno, Mitchell
           NOES:  Stone

           SENATE APPROPRIATIONS COMMITTEE:  5-2, 8/27/15
           AYES:  Lara, Beall, Hill, Leyva, Mendoza
           NOES:  Bates, Nielsen

           ASSEMBLY FLOOR:  60-17, 6/2/15 - See last page for vote

           SUBJECT:   Disability compensation: family temporary disability  
                     insurance


          SOURCE:    Author

          DIGEST:   This bill increases the level and duration of benefits  
          provided in the Paid Family Leave insurance program, as  
          specified. 

          ANALYSIS: 
          
          Existing law:

          1)Established a family temporary disability insurance program,  
            Paid Family Leave (PFL) that provides 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, siblings, grandparents, grandchildren, and  
            parents-in-laws or to bond with a minor child in connection  








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            with foster care or adoption. (Unemployment Insurance Code  
            §3301) 

          2)Establishes the State Disability Insurance (SDI) Program for  
            individuals who are unable to work due to sickness or injury,  
            the sickness or injury of a family member, or the birth,  
            adoption, or foster care placement of a new child.  

          3)Requires a claimant for SDI or PFL benefits to establish his  
            or her medical eligibility for each period of disability by  
            obtaining a certificate from a treating physician or  
            practitioner that establishes the sickness, injury, or  
            pregnancy of the employee, or the condition of the family  
            member that warrants the care of the employee.  As part of the  
            certificate of eligibility to care for a family member, the  
            physician or practitioner must provide an estimate of the time  
            needed by the employee to care for the child, parent, spouse,  
            or domestic partner. (Unemployment Insurance Code §3301)

          4)Requires each employee to contribute to the Disability Fund to  
            pay the costs of disability insurance benefits.  The rate of  
            these employee contributions ranges from 0.1% to 1.5% of  
            wages, and are calculated and announced annually by the  
            Director of the Employment Development Department based on the  
            financial condition of the disability fund. (Unemployment  
            Insurance Code §3301)

          5)States that an individual is eligible to receive 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. (Unemployment Insurance Code §3301)

          This bill:

          1)Increases the level and duration of benefits provided in PFL  
            insurance program.  

          2)Increases the maximum duration of PFL insurance benefits from  
            six to eight weeks on or after January 1, 2018.








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          3)Establishes a weekly benefit amount of $250 for an  
            individual's who disability base period is no more than  
            $4,063, except the weekly benefit amount shall not exceed the  
            amount of wages paid to the individual during the person's  
            highest earning quarter divided by 13. 

          4)Creates a tier-based wage replacement based on income instead  
            of a standard 55% wage replacement rate for PFL benefits.  
            Specifically: 

             a)   80% wage replacement for an individual whose highest  
               quarter in his or her disability base period is more than  
               $4,063 but no more than $5,000, with benefits set at 80% of  
               the amount of wages paid in the individual's highest  
               quarter divided by 13. 

             b)   75% wage replacement for an individual whose highest  
               quarter in his or her disability base period is more than  
               $5,000 but no more than $15,000, with benefits set at 75%  
               of the amount of wages paid in the individual's highest  
               quarter divided by 13 or $308 (whichever is higher). 

             c)   65% wage replacement for an individual whose highest  
               quarter in his or her disability base period exceeds  
               $15,000, with benefits set at 80% of the amount of wages  
               paid in the individual's highest quarter divided by 13 or  
               $865 (whichever is higher.) 

             d)   This wage replacement section shall become operative on  
               January 1, 2017. 

          Comments
          
          PFL is funded by an employee-paid payroll tax with benefit  
          levels indexed to inflation, built upon California's long  
          standing SDI system, which has provided income support for  
          employees' medical and pregnancy-related leaves for many years.  
          However, unlike SDI benefits, income from PFL has been deemed  
          taxable by the Internal Revenue Service. Under the PFL program,  
          workers can claim a cash benefit set at 55% of "base period"  
          wages for up to six weeks.  The maximum weekly benefit is  








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          currently set at $1,104 and is adjusted every year based on the  
          statewide average weekly wage.  The average claim in 2013 paid  
          $527 per week for 5.4 weeks.  National data show that two-thirds  
          of women were working during their last pregnancy and that 70%  
          of women took maternity leave with an average duration of 10  
          weeks.  

          California's PFL program is funded through worker contributions  
          and provides partial wage replacement (55% of prior wage levels)  
          for up to six weeks for bonding with a new child or caring for a  
          seriously ill relative. According to the author, although the  
          PFL benefit enhances security for claimants who take leave to  
          bond with children or care for sick family members, the benefit  
          is simply insufficient to offer meaningful wage replacement for  
          workers, especially those whose only source of paid leave is  
          PFL. The author brings attention to one survey, in which nearly  
          a third of respondents who were aware of PFL did not apply for  
          it when family needs arose because the wage replacement level  
          was too low - making it difficult for workers that live pay  
          check to paycheck to meet their basic needs. The author notes  
          that these workers cannot absorb the pay cut imposed by the  
          current PFL benefit limits, particularly when it is coupled with  
          the increased financial burdens that accompany supporting a  
          newborn child or caring for a relative.  The author also notes  
          that these workers should be able to use the PFL insurance for  
          which they pay.  

          AB 908 increases the maximum benefit to eight weeks, as well as  
          increase the wage replacement rate based on wage level ranging  
          from 65% for a higher wage level to 80% for a lower wage level.  
          According to the author these changes to the PFL program will  
          make PFL a real option for most working families by reducing the  
          financial burden when having a baby or caring for an ill  
          relative.

          FISCAL EFFECT:   Appropriation:    Yes         Fiscal  
          Com.:YesLocal:   No

          According to the Senate Appropriations Committee: 

           Increasing the benefit duration and wage replacement level  
            would likely result in increased payments from the  








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            Unemployment Compensation Disability Fund (UCDF) in the  
            hundreds of millions of dollars annually, assuming no change  
            to the program's current utilization rate. If utilization were  
            to rise, benefit payments would be higher. 

           The worker contribution rate would be adjusted upward to  
            ensure benefit payments can be maintained. The current rate is  
            1.0 percent.

           The Employment Development Department would incur IT-related  
            costs ($844,000 one-time, $47,000 on-going) to implement the  
            expanded benefits (UCDF).


          SUPPORT:   (Verified8/28/15)


          Alliance of Californians for Community Empowerment
          American Association of Retired Persons
          American Association of University Women
          American Federation of State, County and Municipal Employees,  
          AFL-CIO
          Breastfeed LA
          California Alliance for Retired Americans
          California Black Health Network
          California Breastfeeding Coalition
          California Child Care Resource and Referral Network
          California Domestic Workers Alliance
          California Employment Lawyers Association
          California Partnership
          California WIC Association
          California Women's Law Center
          California Work and Family Coalition
          Career Ladders Project
          Center for Law and Social Policy 
          Child Care Law Center
          Children Now
          Communications Workers of America, AFL-CIO District 9
          Communications Workers of America, AFL-CIO Local 9003
          Community Clinic Association of Los Angeles County
          Congress of California Seniors
          County of Los Angeles Board of Supervisors








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          County of Monterey Board of Supervisors
          County of Santa Cruz Board of Supervisors
          Courage Campaign
          Equal Rights Advocates
          Family Caregiver Alliance, National Center on Caregiving
          First 5 California
          Glendale City Employees Association
          Health Officers Association of California
          Jewish Labor Committee Western Region
          Legal Aid Society- Employment Law Center
          Mujeres Unidas y Activas
          National Association of Social Workers-California Chapter
          National Association of Working Women, California Chapter
          National Council of Jewish Women
          National Council of La Raza 
          Next Generation
          Organization of SMUD Employees
          Parent Voices
          Raising California Together
          Restaurant Opportunities Center of Los Angeles 
          San Bernardino Public Employees Association
          San Diego County Court Employees Association
          San Francisco Breastfeeding Promotion Coalition
          San Luis Obispo County Employees Association
          School Employees Association of California
          Small Business Majority
          Small School Districts' Association
          St. Anthony Foundation
          Teamsters Local 986
          The Center for Popular Democracy
          The Health Officers Association of California
          The Women's Foundation of California
          Tradeswomen Inc.
          Tulare County Breastfeeding Coalition
          Tuolumne County Breastfeeding Colition
          UFCW Western States Council
          Ultra Violet
          Western Center on Law and Poverty
          Western Regional Advocacy Project
          Zero to Three, National Center for Infants, Toddlers, and  
          Families
          9 to 5 California








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          OPPOSITION:   (Verified8/28/15)




          None received


          ARGUMENTS IN SUPPORT:   Proponents note that California's PFL  
          program is wholly funded through worker contributions and covers  
          all private sector workers and some public sector workers.  
          Proponents bring attention to research that shows that paid  
          family leave not only improves the ability of working families  
          to meet the obligations of their family members, but employers  
          benefit from reduced turnover as families that benefit from paid  
          family leave are more likely to stay in the workforce.  
          Proponents also highlight a recent study that found that women  
          who take paid family leave are 39 percent less likely to receive  
          public assistance and 40 percent less likely to receive food  
          stamps in the year following a child's birth. 

          Proponents argue that AB 908 will make PFL work for all workers  
          by addressing two critical aspects of the benefit design. For  
          many workers, the 55 percent wage replacement level is simply  
          insufficient to offer meaningful wage replacement, especially  
          when PFL is the only source of paid leave. They argue that PFL's  
          current wage replacement level of 55 percent coupled with  
          increased financial burdens when having a baby or caring for a  
          relative makes it financially impossible for workers to use  
          their PFL benefits. Proponents argue that in addition to wage  
          replacement levels, the six weeks of paid leave offered by PFL  
          is far less than nearly every other developed county. Proponents  
          bring attention to the fact that in comparison to the  
          thirty-eight Organization for Economic Co-operation and  
          Development countries, the median amount of fully-paid leave  
          available for mothers is over five months. Proponents also argue  
          that longer paid leave is associated with a range of positive  
          physical and mental health benefits for families and children,  
          as well as improved early child development.  
           








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          ASSEMBLY FLOOR:  60-17, 6/2/15
          AYES:  Achadjian, Alejo, Baker, Bloom, Bonilla, Bonta, Brown,  
            Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper,  
            Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,  
            Grove, Roger Hernández, Holden, Irwin, Jones-Sawyer, Levine,  
            Linder, Lopez, Low, Maienschein, Mathis, McCarty, Medina,  
            Mullin, Nazarian, O'Donnell, Olsen, Perea, Quirk, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone,  
            Thurmond, Ting, Waldron, Weber, Williams, Wood, Atkins
          NOES:  Travis Allen, Bigelow, Brough, Chang, Dahle, Gallagher,  
            Hadley, Harper, Jones, Lackey, Mayes, Melendez, Obernolte,  
            Patterson, Steinorth, Wagner, Wilk
          NO VOTE RECORDED:  Chávez, Beth Gaines, Kim

          Prepared by:Deanna Ping / L. & I.R. / (916) 651-1556
          8/30/15 19:42:22


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