Amended in Assembly March 28, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2197


Introduced by Assembly Member Cristina Garcia

February 18, 2016


begin deleteAn act to amend Section 3303.1 of the Unemployment Insurance Code, relating to paid family leave. end deletebegin insertAn act to amend Section 1253.3 of, and to repeal Sections 1451, 1452, and 1453 of, the Unemployment Insurance Code, relating to unemployment insurance, and making an appropriation therefor.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2197, as amended, Cristina Garcia. begin deleteDisability compensation: paid family leave. end deletebegin insertUnemployment insurance: classified employees.end insert

begin insert

Existing law provides for the payment of unemployment compensation benefits and extended duration benefits to eligible persons who meet specified requirements. Existing law prohibits the payment of unemployment benefits to educational institution employees of a public entity, as defined, including teachers, researchers, and administrators for the period between 2 academic years when there is a reasonable assurance that the employee will perform his or her regular services in the subsequent academic year, except as specified. Existing law similarly prohibits the payment of unemployment benefits to specified educational institution employees of a public entity other than teachers, researchers, or administrators, between 2 academic years, except as specified, but provides a procedure for this 2nd category of educational employees, under certain conditions, to seek payment of retroactive unemployment benefits for the period between 2 academic years. Existing law requires specified notice regarding reasonable assurance of employment in the following academic term be sent to employees before the end of the current academic term. Existing law also authorizes payment of unemployment insurance benefits, using funds from the State Department of Education, to the 2nd category of educational employees at specified schools between academic terms in circumstances where benefits would otherwise be denied.

end insert
begin insert

This bill would delete the prohibition on the payment of unemployment benefits to education employees of a public school, other than teachers, researchers, and administrators, as specified, between 2 academic years. The bill would phase in up to 8 weeks of benefits available to those specified employees over a 4-year timeframe and would make conforming changes, including eliminating the provisions for payment of unemployment benefits to these employees at specified schools.

end insert
begin insert

Because this bill would expand the categories of people who could receive benefits from the Unemployment Fund, a continuously appropriated fund, it would make an appropriation.

end insert
begin delete

Existing law establishes within the state disability insurance program, a family temporary disability insurance program, also known as the paid family leave program, for the provision of wage replacement benefits to workers who take time off work to care for a seriously ill family member or to bond with a minor child within one year of birth or placement, as specified. Existing law conditions eligibility for these benefits upon the individual’s inability to perform his or her regular or customary work for a 7-day waiting period during each disability benefit period.

end delete
begin delete

Existing law authorizes an employer to require an employee to take up to 2 weeks of earned but unused vacation before, and as a condition of, the employee’s initial receipt of these benefits during any 12-month period in which the employee is eligible for them. Existing law requires that portion of the vacation leave that does not exceed one week to be applied to the 7-day waiting period.

end delete
begin delete

This bill would delete the requirement that vacation leave be applied to the 7-day waiting period.

end delete

Vote: majority. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: begin deleteno end deletebegin insertyesend insert. 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 1253.3 of the end insertbegin insertUnemployment Insurance
2Code
end insert
begin insert is amended to read:end insert

P3    1

1253.3.  

(a) Notwithstanding any other provision of this
2division, unemployment compensation benefits, extended duration
3benefits, and federal-state extended benefits are payable on the
4basis of service to which Section 3309(a)(1) of the Internal
5Revenue Codebegin delete of 1954end delete applies, in the same amount, on the same
6terms, and subject to the same conditions as benefits payable on
7the basis of other service subject to this division, except as provided
8by this section.

9(b) Benefits specified by subdivision (a) based on service
10performed in the employ of a nonprofit organization, or ofbegin delete any
11entityend delete
begin insert a public entity,end insert as defined by Section 605, with respect to
12service in an instructional, research, or principal administrative
13capacity for an educational institution are not payable to any
14individual with respect to any week which begins during the period
15between two successive academic years or terms or, when an
16agreement provides instead for a similar period between two regular
17but not successive terms, during that period, or during a period of
18paid sabbatical leave provided for in the individual’s contract, if
19the individual performs services in the first of the academic years
20or terms and if there is a contract or a reasonable assurance that
21the individual will perform services for any educational institution
22in the second of the academic years or terms.

23(c) begin deleteBenefits end deletebegin insert(1)end insertbegin insertend insertbegin insertExcept as provided in paragraph (2), benefits end insert
24specified by subdivision (a) based on service performed in the
25employ of a nonprofit organization, or ofbegin delete any entityend deletebegin insert a public entity,end insert
26 as defined by Section 605, with respect to service in any other
27capacity than specified in subdivision (b) for an educational
28institution shall not be payable to any individual with respect to
29any week which commences during a period between two
30successive academic years or terms if the individual performs the
31service in the first of the academic years or terms and there is a
32reasonable assurance that the individual will perform the service
33in the second of the academic years or terms. However, if the
34individual was not offered an opportunity to perform the services
35for an educational institution for the second of the academic years
36or terms, the individual shall be entitled to a retroactive payment
37of benefits for each week for which the individual filed a timely
38claim for benefits and for which benefits were denied solely by
39reason of this subdivision. Retroactive benefits shall be claimed
40in accordance with the department’s procedures which shall specify
P4    1that except where the individual was entitled to benefits based on
2services performed for other than an educational institution, an
3individual who has a reasonable assurance of reemployment may
4satisfy the search for work requirement of subdivision (e) of
5Section 1253, by registering for work pursuant to subdivision (b)
6of Section 1253 during the period between the first and second
7academic terms or years. A claim for retroactive benefits may be
8made no later than 30 days following the commencement of the
9second academic year or term.

begin insert

10
(2) Benefits specified by subdivision (a) are authorized for an
11employee of a public school, as defined in Section 22161 of the
12Education Code, for the period between two successive academic
13years or terms, as described in paragraph (1), as follows:

end insert
begin insert

14
(A) Two weeks of benefits during 2016 beginning July 1.

end insert
begin insert

15
(B) Four weeks of benefits during 2017 beginning July 1.

end insert
begin insert

16
(C) Six weeks of benefits during 2018 beginning July 1.

end insert
begin insert

17
(D) Eight weeks of benefits during 2019 and each year thereafter
18beginning July 1.

end insert

19(d) Benefits specified by subdivision (a) based on service
20performed in the employ of a nonprofit organization, or of any
21entity as defined by Section 605, with respect to services specified
22by subdivision (b) or (c), are not payable to any individual with
23respect to any week that commences during an established and
24customary vacation period or holiday recess if the individual
25performs thebegin insert specifiedend insert services in the period immediately before
26the vacation period or holiday recess, and there is a reasonable
27assurance that the individual will perform the services in the period
28immediately following the vacation period or holiday recess.

29(e) With respect to any services specified by subdivision (b) or
30(c), compensation payable on the basis of services in that capacity
31may be denied as specified in subdivision (b), (c), or (d) to any
32individual who performed the services in an educational institution
33while in the employ of an educational service agency, and for this
34purpose the term “educational service agency”begin delete meansend deletebegin insert is defined
35asend insert
a governmental agency or governmental entity that is established
36and operated exclusively for the purpose of providing the services
37to one or more educational institutions.

38(f) Benefits specified by subdivision (a) based on service
39performed in the employ of a nonprofit organization, or of any
40entity as defined by Section 605, are not payable during the periods
P5    1of time, and subject to the same conditions, contained in
2subdivisions (b), (c), (d), and (h), if the services are provided to,
3or on behalf of, an educational institution.

4(g) For purposes of this section, “reasonable assurance” includes,
5but is not limited to, an offer of employment or assignment made
6by the educational institution, provided that the offer or assignment
7is not contingent on enrollment, funding, or program changes. An
8individual who has been notified that he or she will be replaced
9and does not have an offer of employment or assignment to perform
10services for an educational institution is not considered to have
11reasonable assurance.

12(h) For purposes of this section, if the time for service performed
13during the period of and pursuant to any contract for any academic
14year or term by an individual for any employing unit as specified
15in subdivision (b) or (c) constitutes one-half or more of the time
16in total service performed for the employing unit by the individual
17during that same period for remuneration, all the services of the
18individual for the employing unit for that period shall be deemed
19subject to the benefit payment restriction provisions of this section.

20(i) Any entity as defined by Section 605, with respect to any
21individual performing a service in any other capacity other than
22specified in subdivision (b) for an educational institution, shall
23provide a written statement indicating the following to the
24individual no later than 30 days before the end of the first of the
25academic years or terms:

26(1) Whether or not there is a reasonable assurance of
27reemployment.

28(2) Whether or not it is stated that the individual has no
29reasonable assurance of reemployment, that the individual should
30file a claim for benefits at the close of the academic year or term.

31(3) If it is stated that the individual has reasonable assurance of
32reemployment, the written statement shall also inform the employee
33that he or she may file a claim for benefits and that the
34determination for eligibility for benefits is made by the
35Employment Development Department and not by the employer.

36(4) If it is stated that the individual has reasonable assurance of
37reemployment, that the individual shall be entitled to a retroactive
38payment of benefits if the individual is not offered an opportunity
39to perform the services for the educational institution for the second
40of the academic years or terms, if the individual is otherwise
P6    1eligible and he or she filed a claim for each week benefits are
2claimed, and if a claim for retroactive benefits is made no later
3than 30 days following the commencement of the second academic
4year or term.

5begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 1451 of the end insertbegin insertUnemployment Insurance Codeend insertbegin insert is
6repealed.end insert

begin delete
7

1451.  

Nonprofessional employees of the Fremont and Riverside
8campuses of the California School for the Deaf, the Fremont
9campus of the California School for the Blind, and the diagnostic
10schools for individuals with neurological disabilities located in
11Los Angeles, San Francisco, and Fresno, shall be eligible for
12benefits provided by this chapter, on the same terms and conditions
13as are specified by this part, Part 3 (commencing with Section
143501), and Part 4 (commencing with Section 4001), for all other
15individuals, except where inconsistent with the provisions of this
16chapter. Except where inconsistent with the provisions of this
17chapter, the provisions of this division and authorized regulations
18shall apply to any matter arising pursuant to this chapter.

end delete
19begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 1452 of the end insertbegin insertUnemployment Insurance Codeend insertbegin insert is
20repealed.end insert

begin delete
21

1452.  

Notwithstanding Section 1253.3, between terms
22unemployment compensation benefits are payable by the
23Controller, from funds appropriated for support of the State
24Department of Education and allocated to the state special schools,
25upon authorization by the Employment Development Department
26to individuals who are eligible to receive these benefits under this
27chapter. These benefits shall only be paid for weeks of
28unemployment occurring between school terms and during an
29established and customary vacation period or holiday recess when
30other benefits are denied solely by reason of Section 1253.3.

end delete
31begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 1453 of the end insertbegin insertUnemployment Insurance Codeend insertbegin insert is
32repealed.end insert

begin delete
33

1453.  

(a) There shall be transferred to the Employment
34Development Department from funds appropriated for support of
35the State Department of Education and allocated to the state special
36schools, at the times and in the manner provided in subdivision
37(b), an amount equal to the additional cost to the Employment
38Development Department for added administrative work arising
39out of this chapter.

P7    1(b) The director shall determine the sums he or she estimates
2the department will be entitled to receive from the State Department
3of Education under this section for each fiscal year, reduced or
4increased by any sum by which he or she finds that his or her
5estimates for any prior fiscal year were greater or less than the
6amounts which were actually required. The sum of the amounts
7transferred or expended pursuant to Section 1452, subdivision (a),
8and this subdivision in any one fiscal year shall not exceed the
9amount appropriated in the then current fiscal year to the State
10Department of Education for the purposes of this chapter.

11(c) The director may require from the State Department of
12Education such employment, wage, financial, statistical, or other
13information and reports, properly verified, as may be deemed
14necessary by the director to carry out his or her duties under this
15division, which shall be filed with the director at the time and in
16the manner prescribed by him or her.

17(d) The director may tabulate and publish information obtained
18pursuant to this chapter in statistical form and may divulge the
19name of the employing unit.

20(e) The State Department of Education shall provide each
21employee subject to this chapter, at the end of each school term,
22with written information advising the employee of benefit rights
23pursuant to this chapter.

end delete
begin delete
24

SECTION 1.  

Section 3303.1 of the Unemployment Insurance
25Code
is amended to read:

26

3303.1.  

(a) An individual is not eligible for family temporary
27disability insurance benefits with respect to any day that any of
28the following apply:

29(1) The individual has received, or is entitled to receive,
30unemployment compensation benefits under Part 1 (commencing
31with Section 100) or under an unemployment compensation act
32of any other state or of the federal government.

33(2) The individual has received, or is entitled to receive, “other
34benefits” in the form of cash benefits as defined in Section 2629.

35(3) The individual has received, or is entitled to receive, state
36disability insurance benefits under Part 2 (commencing with
37Section 2601) or under a disability insurance act of any other state.

38(4) Another family member, as defined in Section 3302, is ready,
39willing, and able and available for the same period of time in a
40day that the individual is providing the required care.

P8    1(b) An individual who is entitled to leave under the FMLA and
2the CFRA must take Family Temporary Disability Insurance
3(FTDI) leave concurrent with leave taken under the FMLA and
4the CFRA.

5(c) As a condition of an employee’s initial receipt of family
6temporary disability insurance benefits during any 12-month period
7in which an employee is eligible for these benefits, an employer
8may require an employee to take up to two weeks of earned but
9unused vacation leave prior to the employee’s initial receipt of
10these benefits. This subdivision may not be construed in a manner
11that relieves an employer of any duty of collective bargaining the
12employer may have with respect to the subject matter of this
13subdivision.

end delete


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