California to Expand Paid Family Leave Program
11/01/18
Author: ADP Admin/Wednesday, October 31, 2018/Categories: California
Overview: California has enacted legislation (Senate Bill 1123) that will expand the State’s Paid Family Leave (PFL) program in 2021.
Effective Date: January 1, 2021
Details:
Background:
Currently, the California PFL program allows workers to receive up to six weeks of partial wage replacement when they take leave to bond with a newborn baby, newly adopted child or foster child, or to care for a seriously ill family member.
Senate Bill 1123:
Beginning January 1, 2021, employees may also be entitled to PFL benefits to participate in a qualifying exigency related to covered active duty or the call to covered active duty of their spouse, domestic partner, child, or parent in the Armed Forces of the United States.
For the purposes of the law, a “qualifying exigency” means any of the following:
- Activities undertaken within seven calendar days from the date that the service member has been notified of an impending call or order to covered active duty to address any issue that arises from the call or order.
- Attendance in the following:
- Arranging for alternative childcare or providing childcare on an urgent basis.
- Enrolling or transferring a child to a new school or day care facility.
- Attending meetings with staff at the child’s school or day care facility, including, but not limited to, meetings with school officials regarding disciplinary measures, parent-teacher conferences, or meetings with school counselors.
- To make financial and legal arrangements or to act as the representative of the service member for purposes of obtaining, arranging, or appealing military service benefits.
- Attending counseling provided by someone other than a health care provider, for oneself, for the covered service member, or for the child of the service member, who is either under the age of 18 years of age, or incapable of self-care because of a disability at the time that paid family leave is to commence.
- Accompanying the service member while that individual is on short-term, temporary, rest and recuperation leave during the period of deployment in a foreign country, provided that any leave taken for this purpose is for not more than 15 calendar days.
- Attending arrival ceremonies, reintegration briefings and events, and any other official ceremony or program sponsored by the military for a period of 90 days following the termination of the covered active duty.
- Addressing issues that arise from the death of the service member.
- Any of the following related to the parent of the service member while the parent is incapable of self-care:
- Arranging for alternative care for the parent.
- Providing care for the parent on an urgent basis.
- Admitting or transferring the parent to a care facility.
- Attending meetings with staff at the parent’s care facility.
- Any other activities to address other events that arise, provided that the employer and employee agree that this leave shall qualify as an exigency, and agree to both the timing and duration of leave.
Action Required: California employers should review their policies to determine if changes are needed. In addition, be sure to provide an updated Paid Family Leave (DE 2511) brochure to new employees and employees who request PFL leave beginning January 1, 2021.
As always, please be sure to contact your HR Business Partner if you have any questions.
This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice.
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