Bill Text: CA AB2167 | 2023-2024 | Regular Session | Amended
Bill Title: Unemployment insurance: paid family leave.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-17 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (April 17). Re-referred to Com. on APPR. [AB2167 Detail]
Download: California-2023-AB2167-Amended.html
|
Amended
IN
Assembly
March 11, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2167
| Introduced by Assembly Member Cervantes |
February 06, 2024 |
An act to amend Section 311 of 3301 of, and to add Sections 3303.2 and 3309 to, the Unemployment Insurance Code, relating to unemployment insurance.
LEGISLATIVE COUNSEL'S DIGEST
AB 2167, as amended, Cervantes.
Unemployment insurance. insurance: paid family leave.
Existing law requires the executive officer of the Employment Development Department, known as the Director of Employment Development, to administer the state’s unemployment compensation disability insurance program, which includes the family temporary disability insurance program, also known as the paid family leave program.
Existing law establishes the family temporary disability insurance program for the provision of wage replacement benefits to workers who take time off work to care for certain seriously ill family members, to bond with a minor child within one year of birth or placement, as specified, or to participate in a qualifying exigency related
to the covered active duty or call to covered active duty of certain family members. Existing law requires an individual to file a claim for family temporary disability insurance benefits no later than the 41st consecutive day following the first compensable day with respect to which the claim is made for benefits, as specified. Existing law provides that an individual is deemed eligible for family temporary disability insurance benefits only if the director makes specified findings. Existing law requires the department to distribute the application for family temporary disability insurance benefits, in addition to English, in all non-English languages spoken by a substantial number of non-English-speaking applicants, as defined.
This bill would extend the timeline for an individual to file a claim for family temporary disability insurance benefits to no later
than the 60th consecutive day following the first compensable day with respect to which the claim is made for benefits, and would authorize an individual to file that claim for benefits up to 60 days before the first compensable day, as provided. The bill would require the department to make available the application forms for family temporary disability insurance benefits on the department’s internet website, as specified, and permit an individual applying on the department’s internet website for family temporary disability insurance benefits to provide their social security number or individual taxpayer identification number.
For purposes of the state’s unemployment compensation disability insurance program, existing law requires, after a claim for benefits is filed, the department to determine the eligibility of the claimant for benefits and to notify the
claimant of the determination. Existing law allows the claimant to appeal to an administrative law judge within 30 days from mailing or personal service of the determination, which may be extended for good cause.
For purposes of the paid family leave program, this bill would extend the appeal timeline to 120 days from the service of the notice of determination, and would authorize that period to be extended for good cause, as defined.
Existing law requires the Director of Employment Development to appoint assistants, except personnel of the appeals division, as the director finds necessary for the administration of unemployment and disability compensation, and authorizes the director and the director’s authorized representatives to have all the powers of a head of a department, as specified, in the enforcement of those laws.
This bill would make nonsubstantive changes to those provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
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 eight 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, to bond with a minor child within one year of the birth or placement of the child in connection with foster care or adoption, or to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the individual’s spouse, domestic partner, child, or parent in the Armed Forces of the United States.(2) Nothing in this
chapter shall be construed to abridge the rights and responsibilities conveyed under the CFRA or pregnancy disability leave.
(b) (1) An individual’s “weekly benefit amount” for periods of disability commencing before January 1, 2025, shall be the amount provided in Section 2655, and for periods of disability commencing on or after January 1, 2025, shall be the amount provided in paragraph (2). An individual is eligible to receive family temporary disability insurance benefits equal to one-seventh of the individual’s weekly benefit amount for each full day during which the individual is unable to work due to caring for a seriously ill or injured family member, bonding with a minor child within one year of the birth or placement of the child in connection with foster care or adoption, or participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individual’s spouse,
domestic partner, child, or parent in the Armed Forces of the United States.
(2) For periods of disability commencing on or after January 1, 2025, the weekly benefit amount shall be as follows:
(A) 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 less than seven hundred twenty-two dollars and fifty cents ($722.50), then fifty dollars ($50).
(B) 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 70 percent of the state average quarterly wage, the weekly benefit amount shall be equal to the greater of 70 percent of the wages paid to an individual for employment by
employers during the quarter of the individual’s disability base period in which these wages were highest, divided by 13, but not exceeding 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, or 63 percent of the state average weekly wage.
(C) 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 seven hundred twenty-two dollars and fifty cents ($722.50) or more, but 70 percent or less than the state average quarterly wage, then the weekly benefit amount shall be equal to 90 percent of the wages paid to an individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest, divided by 13, but not exceeding 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.
(3) For purposes of this subdivision, “state average weekly wage” and “state average quarterly wage” have the same meanings as defined in subdivision (g) of Section 2655.
(c) The maximum amount payable to an individual during any disability benefit period for family temporary disability insurance shall be eight times the individual’s “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 the individual’s 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 eight
weeks of family temporary disability insurance benefits shall be paid within any 12-month period.
(e) An (1) (A) Notwithstanding any other provision of law, an individual shall file a claim for family temporary disability insurance benefits not later than the 41st 60th 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
(B) Notwithstanding any other provision of law, an individual may file a claim for family temporary disability insurance benefits up to 60 days before the first compensable day with respect to which the claim is made for benefits.
(2) 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.
SEC. 2.
Section 3303.2 is added to the Unemployment Insurance Code, to read:3303.2.
(a) (1) Notwithstanding any other law, a claimant may appeal the department’s determination regarding their eligibility for family temporary disability insurance benefits to an administrative law judge within 120 days from service of the notice of determination.(2) The 120-day period may be extended for good cause.
(3) The director shall be an interested party to any appeal.
(b) “Good cause,” as used in this section, includes, but is not limited to, mistake, inadvertence, surprise, or excusable neglect.
SEC. 3.
Section 3309 is added to the Unemployment Insurance Code, to read:3309.
(a) The department shall make available the application forms for family temporary disability insurance benefits on the department’s internet website for download and fillable in PDF format.(b) The department shall permit an individual applying on the department’s internet website for family temporary disability insurance benefits to provide their social security number or individual taxpayer identification number.
(a)The Director of Employment Development shall appoint such assistants, except personnel of the appeals division, as
the director
finds necessary for the administration of this division, subject to the provisions of the Government Code, and may delegate to any of the officers or employees of the department such powers and duties as the director considers necessary for the proper administration of this division.
(b)The Director of Employment Development and
their authorized representatives in the enforcement of the division shall have all the powers of a head of a department as set forth in Article 2 (commencing with Section 11180) of Chapter
2 of Part 1 of Division 3 of Title 2 of the Government Code. For the purpose of any investigation, hearing, or proceeding under this division, the Director of Employment Development may delegate their power in relation thereto to any deputy, or other
person, properly authorized in writing by the director.
