California Paid Family

California Paid Family Leave Cal. U.I. Code § 3302

Covered Employers: All employers

Employee Eligibility: All employees who earned at least $300 in wages subject to State Disability Insurance deductions during the base period

Entitlement: Up to 6 weeks of partial pay during an absence to care for a seriously ill family member (meaning a child (including in loco parentis), parent (including in loco parentis), grandparent, grandchild, sibling, spouse, or domestic partner), or to bond with a new child entering the family through birth, adoption, or foster care placement within the first year of birth or placement. Note: effective July 1, 2020, the entitlement increases to 8 weeks of partial pay.

Certification Supporting Need for Leave: Yes. Employees need to file with the State of California, unless their employer has an approved voluntary plan.

Paid? Yes. An employer may require an employee to use up to two weeks of vacation leave or paid time off (PTO) prior to receiving paid family leave benefits.

Benefits: California Paid Family Leave is a wage replacement program.

California Paid Leave - Absence Specifications

Concurrency

Runs concurrently with FMLA and CFRA provided there is available leave time for either.

Amount of leave provided

6 weeks (Note: this increases to 8 weeks, effective July 1, 2020)

Intake trigger

Reason is:

  • Bonding

  • Adoption/Foster Care

  • Care of family member, and family members relationship is:

    • Parent

    • Spouse

    • Child

    • Domestic Partner

    • Grandparent

    • Grandchild

    • Parent-in-law

    • Sibling

  • Military Leave → Qualifying Exigency (as of January 1, 2021)

    • Active

    • Spouse, Domestic Partner, Child or Parent

Notes

  • Advice to pay

  • Can be used intermittently (full day increments) as well as continuously.

Eligibility Rules

  • All employers

  • All employees who earned at least $300 in wages subject to State Disability Insurance deductions during the base period

Calendar type

Rolling Forward (365 consecutive days that begin with the first day the individual first establishes a valid claim for benefits)