California has one of the most “generous” state leave laws called California paid family leave or otherwise PFL. This is an insurance program also known as the Family Temporary Disability Insurance program. The law was enacted in 2002 aiming to provide unemployment disability compensation for those who take time off work in order to care for a seriously ill family member or a newborn minor child.
Some benefits of California paid family leave
- Up to 6 weeks of paid leave in a 12-month period
- The program covers the employees who take a leave to care for their own child or an adopted child, or registered partner’s child, or just for the partner.
- Based on the employer’s requirement, the employee may take up to 2-weeks earned vacation. This should be done before receiving the benefits of California paid family leave.
In addition, it should be mentioned that 7-day waiting period is stated for getting the PFL benefits. Weekly benefits worth from $50 to $987. In 2016 the maximum limit reached $1,129. For instance, to get $50 weekly minimum, the employee must have at least $300 wage ($75 per quarter) during the base period. Basically, you get an income replacement for hereinabove mentioned up to 6-weeks period. In fact, there is no any guarantee that you will hold your job. Currently, California paid family leave program covers nearly 18.1 million California workers.
Quotation from paid family leave act
The law requires: “Employers should provide the Paid Family Leave – (DE 2511) brochure only to new employees and employees who request leave to care for a seriously ill family member or bond with a new child. It is not a must for the employers to provide the PFL claim forms to their employees. To search and order brochures and forms from the EDD, visit Online Forms and Publications. All are available free of charge, whether you download or order for delivery by mail.”
Do not confuse with FMLA
Family medical leave act is a federal law enabling the employee to take a time off in some situations. FMLA allows the covered employers to provide the employees with an unpaid instead job-protected leave. This law helps the employees to carry both work and family duties. It promotes the right of equal employment opportunity both for men and women.
Did you know?
“CA Paid Family Leave Act was the nation’s first and still provides paid leave for the greatest amount of time.”
Protect your job
As we have already mentioned, you can’t be sure to keep your position while on leave. Consequently, we advise you to structure the leaves carefully with the employer in advance not to have or just minimize any possible further problems. The law helps you as a caregiver to protect your job if protected by California family paid leave program. To hold your position and health insurance benefits, you can combine FMLA federal and state rules with PFL.
Qualifying reason for leave
In accordance with the California paid family leave act, the covered employees can take time off to:
- Care for a newborn baby, adopted or foster child
- Take care of a seriously ill parent, child, spouse or a registered domestic partner.
It is notable that any standard or common cold and/or flu cannot be qualified as a “serious” illness to receive benefits. If you, as an employee are ill, the paid leave doesn’t work for yourself. BUT there is an exception in this regard if you are the citizen of San Francisco. So, let’s see the difference:
San Francisco Paid Sick Leave
The Employees who work in San Francisco should be aware that they may have additional benefits under San Francisco’s Paid Sick Leave Ordinance. Actually, the employers must provide paid sick leave to those employees who work full or part-time in San Francisco. In this case, the sick leave aims to enable the employee to care for his/her own illness or that of a family member etc.
As a conclusion for this brief overview, we offer you to contact our skillful employment attorney who will help you with the paperwork and beyond. Our attorneys know how to protect your rights as an employee and help you get as much benefit as possible.