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Paid Family Leave

California

All employees who pay into State Disability Insurance (SDI) are covered by Paid Family Leave insurance, regardless of the number of employees in the business. Employees can apply for California's paid family leave by completing a claim form available from the California Employment Development Department.

Employees can receive pay for six weeks of leave in a 12-month period. A seven-day waiting period applies, which means the employee must be out of work for a full week before starting to receive benefits. The employer may require the employee to use up to two weeks of paid leave (vacation or sick leave, for example) before starting to receive benefits.

An employee does not have to work a minimum number of hours or days before becoming eligible for Paid Family Leave insurance benefits.

Eligibility for Paid Family Leave insurance benefits is based on the earnings and not a specific number of days or months worked. Wages earned approximately 5 to 17 months before the beginning of your Paid Family Leave insurance claim are included in the base period.

The maximum benefit amount is six times the weekly benefit amount or the total wages subject to SDI tax paid in your base period, whichever is less.

What constitutes a serious health condition for the purposes of Paid Family Leave?

A serious health condition means an illness, injury, impairment, or physical or mental condition of a patient that involves inpatient care in a hospital, hospice, or residential medical care facility. This includes any period of incapacity (e.g., inability to work, attend school, or perform other regular daily activities) or any subsequent treatment in connection with such inpatient care; or continuing treatment by a physician or practitioner Unless complications arise, cosmetic treatments, the common cold, influenza, earaches, upset stomach, minor ulcers, and headaches other than migraine, are examples of conditions that do not meet the definition of a serious health condition for purposes of Paid Family Leave.

When must I submit a claim to bond with a new minor child in order to receive six weeks of benefits?

Eligibility for up to six weeks of benefits to bond with a new minor child expires at the end of the 12-month period that begins on the minor child's date of birth, adoption, or foster care placement. Therefore, you must complete bonding prior to the 12 month period ending date and submit a claim in a timely manner.

Is a claimant eligible for Paid Family Leave insurance benefits if he/she has to provide care for a sick relative (child, spouse, parent, or domestic partner) that is out of State or out of the Country?

A claim may be submitted for Paid Family Leave benefits to care for a sick parent who is out of the State or out of the Country. Benefits may be payable provided the medical certificate is properly completed, establishes a need for care, and a relative (child, spouse, parent, or domestic partner) is otherwise eligible.

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