California’s Paid Family Leave Law And FTDI Benefits (2021)

California’s Paid Family Leave Law And FTDI Benefits (2021)

California’s Paid Family Leave Law And FTDI Benefits (2021)

Print $89.00
Electronic $119.00
Both $149.00

Author: Richard J. Simmons
Publisher: Castle Publications
Edition: Sixth
ISBN: 9781940747651
Pages: Over 160

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Description

The landmark legislation authorizing paid family leave (“PFL”) benefits for California workers has been amended. The California PFL law is the first legislation of its kind in the nation and requires employers to notify new and existing employees of their legal rights. It also requires employers to implement measures to comply with their new obligations.

Employers must understand the circumstances under which employees can take time off from work and employee benefit rights. They should also take steps to require advance notice of absences so they can maintain staffing at efficient levels. Many employers address these issues and employee notification obligations in their employee handbooks.

In this publication, Attorney Richard J. Simmons of the law firm of Sheppard, Mullin, Richter & Hampton LLP examines the provisions of the law and changes in detail. He addresses the qualifying events, benefit provisions, relationship between the new paid leave benefit rules and other leaves of absence laws, the ability to require employees to use vacation leave, the notification rules, and the proactive steps that employers should evaluate. The publication will assist employers to address their responsibilities under the law.

Among the subjects discussed in the publication are the following:

  • Expansion Of Qualifying Events
  • Eligibility Period
  • Benefit Increases
  • Use Of Vacation Benefits
  • Notification Rules
  • Limitations On Benefits And Changes
  • Domestic Partner Rules
  • Checklist For Employers
  • Qualifying Family Members
  • Impact On CFRA Rules
  • Staffing Issues
  • Leave Of Absence Issues
  • Disqualifying Events
  • Employer Policies
  • Questions Of Job Protections
  • New Amendments To State Law

Additional information

Format

Both, Electronic, Print

Table Of Contents

SECTION 1          INTRODUCTION

1.1                Overview

1.2                The SDI Program Provides Benefits For Employees Who Are Ill Or Injured

1.3                The Previously Proposed Program

1.4                New Notification Rules

1.5                Interrelationship With Unpaid Family Leave Laws

SECTION 2          COVERAGE STANDARDS

2.1                Effective Dates

2.2                The FTDI (“Paid Family Leave”) Program

2.3                Employer And Employee Coverage

2.4                Legislative Declarations And Findings

SECTION 3          ELIGIBILITY PROVISIONS

3.1                Qualifying Events

3.2                Disqualifying Events

3.3                FTDI Leave Must Run Concurrently

3.4                Use Of Vacation Leave

3.5                Key Definitions

3.6                Coverage Of Domestic Partners

3.7                Medical Certifications

3.8                Falsification Of Medical Conditions

SECTION 4          BENEFITS

4.1                The FTDI Program

4.2                Maximum Benefits

4.3                Prominent Limitations Under The FTDI Program

4.4                Prohibitions Against Fraud

4.5                Funding The New Benefits

SECTION 5          RIGHT TO BENEFITS VS. JOB PROTECTIONS

SECTION 6          STATE LEAVE OF ABSENCE LAWS

6.1                Pregnancy Disability Leave Law (“PDLL”)

6.2                The California Family Rights Act (“CFRA”)

6.3                Sick Leave

SECTION 7          CHECKLIST OF PROACTIVE MEASURES

APPENDIX A       PAID FAMILY LEAVE LAW (Unemployment Insurance Code)

APPENDIX B       PAID FAMILY LEAVE REGULATIONS (22 C.C.R §§ 2706-2 – 3306(b)-1)

APPENDIX C       NOTICE TO EMPLOYEES RE UI, SDI, AND PFL RIGHTS

APPENDIX D       CALIFORNIA PAID FAMILY LEAVE PAMPHLET

APPENDIX E       FACT SHEET: CALIFORNIA PAID FAMILY LEAVE

APPENDIX F       IMPORTANT INFORMATION FOR PAID FAMILY LEAVE (PFL) CLAIMANTS

APPENDIX G       LWDA/EDD PHYSICIAN / PRACTITIONER’S GUIDE TO PAID FAMILY LEAVE

APPENDIX H       DISABILITY INSURANCE AND PAID FAMILY LEAVE WEEKLY BENEFIT AMOUNTS

APPENDIX I       FIVE THINGS TO KNOW ABOUT CALIFORNIA PAID FAMILY LEAVE

APPENDIX J       CLAIM FOR PAID FAMILY LEAVE (PFL) BENEFITS

APPENDIX K       FACT SHEET: APPEALS FOR DISABILITY INSURANCE AND PAID FAMILY LEAVE

APPENDIX L       S.B. 1661

APPENDIX M       OFFICE OF SENATE FLOOR ANALYSES (Aug. 23, 2002)

APPENDIX N       SENATE THIRD READING (Aug. 23, 2002)

APPENDIX O       ASSEMBLY COMMITTEE ON APPROPRIATIONS REPORT (Aug. 14, 2002)

APPENDIX P       S.B. 727

About The Author

Richard J. Simmons is a Partner in the law firm of Sheppard, Mullin, Richter & Hampton LLP in Los Angeles. He represents employers in various employment law matters involving litigation throughout the country and general advice regarding state and federal wage and hour laws, employment discrimination, wrongful discharge, employee discipline and termination, employee benefits, affirmative action, union representation proceedings, and arbitrations. Mr. Simmons received his B.A., summa cum laude, from the University of Massachusetts, where he was a Commonwealth Scholar and graduated in the Phi Kappa Phi Honor Society. He received his J.D. from Berkeley Law at the University of California at Berkeley where he was the Editor-in-Chief of the Industrial Relations Law Journal, now the Berkeley Journal of Employment and Labor Law.

Mr. Simmons argued the only case before the California Supreme Court that produced a victory for employers and business in 2018. He was recently recognized as the Labor and Employment Attorney of the Year by the Los Angeles Business Journal and was inducted into the Employment Lawyers Hall of Fame. He has lectured nationally on wage and hour, employment discrimination, wrongful termination, and other employment and labor relations matters. He is a member of the National Advisory Board to the Berkeley Journal of Employment and Labor Law, published by Berkeley Law at the University of California at Berkeley. He was also appointed by the California Industrial Welfare Commission as a member of three Minimum Wage Boards for the State of California.

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