BILL NUMBER: SB 656 CHAPTERED 10/10/99 CHAPTER 973 FILED WITH SECRETARY OF STATE OCTOBER 10, 1999 APPROVED BY GOVERNOR OCTOBER 10, 1999 PASSED THE ASSEMBLY SEPTEMBER 3, 1999 PASSED THE SENATE JUNE 2, 1999 AMENDED IN SENATE MAY 28, 1999 INTRODUCED BY Senator Solis FEBRUARY 24, 1999 An act to amend Section 2655 of the Unemployment Insurance Code, relating to unemployment disability, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST SB 656, Solis. Unemployment disability. (1) Existing unemployment compensation disability law generally requires each worker to pay contributions at specified rates to the Unemployment Compensation Disability Fund, which is continuously appropriated for the purpose of providing disability benefits to workers who are unemployed due to injury or sickness not related to work. Existing law provides that an individual shall be deemed to be disabled on any day that he or she is unable to perform regular or customary work because of his or her physical or mental condition, as specified. The Moore-Brown-Roberti Family Rights Act, among other things, makes it an unlawful employment practice for any employer who employs 50 or more persons to refuse to grant a request by any employee who meets certain requirements to take a total of 12 workweeks in a 12-month period for an unpaid family care and medical leave in connection with the birth or adoption of, or the serious illness of, a child of the employee, or to care for a parent or spouse of the employee or the employee due to a serious health care condition. This bill would require the Employment Development Department to report to the Legislature on or before July 1, 2000, on the fiscal impact on the Disability Fund of extending unemployment compensation disability benefits to an individual who is absent from work due to having been granted a family care and medical leave or who is absent from work and who would have been eligible for that leave if his or her employer had not been exempt from the requirement to grant a leave. (2) The 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. However, under existing law, the weekly benefit cannot exceed $336. This bill would provide that the weekly benefit amount for periods of disability commencing on or after January 1, 2000, may exceed this amount but may not exceed the maximum workers' compensation temporary disability indemnity weekly benefit amount. Because the bill would increase the amount payable from the Disability Fund, a continuously appropriated special fund, the bill would make an appropriation. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 2655 of the Unemployment Insurance Code is amended to read: 2655. (a) Except as provided in subdivisions (b), (c), and (d), an individual's "weekly benefit amount" shall be the amount appearing in column B in the table set forth in this subdivision on the line of which in column A of the table there appears the wage bracket containing the amount of wages paid to the individual for employment by employers during the quarter of his or her disability base period in which wages were the highest. A B Amount of wages in Weekly benefit highest quarter amount $75-1,149.99 ......................... $50 1,150-1,174.99 ......................... 51 1,175-1,199.99 ......................... 52 1,200-1,224.99 ......................... 53 1,225-1,249.99 ......................... 54 1,250-1,274.99 ......................... 55 1,275-1,299.99 ......................... 56 1,300-1,324.99 ......................... 57 1,325-1,349.99 ......................... 58 1,350-1,374.99 ......................... 59 1,375-1,399.99 ......................... 60 1,400-1,424.99 ......................... 61 1,425-1,449.99 ......................... 62 1,450-1,474.99 ......................... 63 1,475-1,499.99 ......................... 64 1,500-1,524.99 ......................... 65 1,525-1,549.99 ......................... 66 1,550-1,574.99 ......................... 67 1,575-1,599.99 ......................... 68 1,600-1,624.99 ......................... 69 1,625-1,649.99 ......................... 70 1,650-1,674.99 ......................... 71 1,675-1,699.99 ......................... 72 1,700-1,724.99 ......................... 73 1,725-1,749.20 ......................... 74 (b) For periods of disability commencing on or after January 1, 1990, and prior to January 1, 1991, if the amount of wages paid an individual for employment by employers during the quarter of his or her disability base period in which these wages were highest exceeds one thousand seven hundred forty-nine dollars and twenty cents ($1,749.20), the weekly benefit amount shall be 55 percent of these wages divided by 13, but not exceeding two hundred sixty-six dollars ($266) or the maximum workers' compensation temporary disability indemnity weekly benefit amount, whichever is less. If the benefit payable under this subdivision is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1). (c) For periods of disability commencing on or after January 1, 1991, but before January 1, 2000, if the amount of wages paid an individual for employment by employers during the quarter of his or her disability base period in which these wages were highest exceeds one thousand seven hundred forty-nine dollars and twenty cents ($1,749.20), the weekly benefit amount shall be 55 percent of these wages divided by 13, but not exceeding three hundred thirty-six dollars ($336). If the benefit payable under this subdivision is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1). (d) For periods of disability commencing on or after January 1, 2000, if the amount of wages paid an individual for employment by employers during the quarter of his or her disability base period in which these wages were highest exceeds one thousand seven hundred forty-nine dollars and twenty cents ($1,749.20), the weekly benefit amount shall be equal to 55 percent of these wages divided by 13, but not exceeding the maximum workers' compensation temporary disability indemnity weekly benefit amount. If the benefit under this subdivision is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1). SEC. 2. The Employment Development Department shall report to the Legislature on or before July 1, 2000, on the fiscal impact on the Disability Fund of extending unemployment compensation disability benefits to an individual who is absent from work due to having been granted a family care and medical leave pursuant to Section 12945.2 of the Government Code, or who is absent from work and who would otherwise qualify for a family and medical leave except that his or her employer is exempt from being required to grant that leave pursuant to that section.