![]() Q: Are government employees eligible for PFL?Ī: Some government employees, including school employees, may be eligible for PFL benefits if they contribute to SDI. Q: Are employees of a small family-owned business covered by PFL? Q: Are self-employed individuals covered by PFL?Ī: Yes, but only if they participate in the SDI Elective Coverage Program. However, SDI benefits remain available to eligible employees for their own illnesses or injuries. Q: Can an employee receive PFL benefits for the employee's own illness or injury?Ī: No. Employees may receive up to six weeks of benefits in a 12-month period. Q: How long may an employee receive PFL benefits?Ī. Q: For what purposes may an employee file a claim for PFL?Ī: When an employee takes time off to: (1) care for a seriously ill child, spouse, parent or domestic partner (2) bond with a new child or (3) bond with a minor child in connection with the adoption or foster care placement of that child. Key aspects of the PFL program are summarized below in question and answer form. Beginning January 1, 2004, SDI taxes deducted from employee paychecks will be increased to fund the program. The good news for employers is that, at least for now, PFL benefits will be directly financed by employees. Under the PFL program, every worker who qualifies for state disability insurance ("SDI") will be eligible to receive up to 55 percent of weekly wages when they take time off work to care for a family member or to bond with a new child. In addition, as discussed more fully below, PFL does not provide an independent job restoration or reinstatement right for an employee who leaves work for a reason that qualifies under the PFL program, unless the employee is entitled to job protection under the employer's policy or another law. In contrast, the paid family leave program applies to all California employers, regardless of the size of their workforce. ![]() These laws guarantee reinstatement to employees except when limited exceptions apply. The federal Family Medical Leave Act ("FMLA") and the California Family Rights Act ("CFRA") generally require employers with 50 or more employees to provide eligible workers unpaid time off to attend the medical needs of themselves or certain family members. Because the program imposes certain obligations on employers effective January 1, 2004, and eligible employees may begin receiving benefits on July 1, 2004, California employers cannot wait any longer to familiarize themselves with the program's requirements.Įmployers first should understand the difference between laws granting employees with the right to reinstatement after time off, and a law providing for payment during time off. ![]() In 2002, the state legislature created a "paid family leave" ("PFL") program to be administered by the California Employment Development Department. ![]()
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