California’s Paid Family Leave Law: An Overview
California family leave law protects employees through benefits of payment when they need time off for family issues. If you are facing any family emergency and can not continue regular work, you can take leave under this act. You will be happy that California was the first state to pass paid family leave law. So you can attend to the family emergency without losing your payment. This article will provide an overview of California’s paid family leave for your better understanding.
Everything you need to know about California family leave law
Eligibility for paid family leave
- You can not apply for paid family leave for your illness.
- You can take paid family leave when you need to take time off to care for a seriously ill family member.
- You can take the leave to bond with a new child.
- You can take the leave to participate in a qualifying event of a family member’s military deployment.
In California, Paid Family Leave (PFL) and the Family and Medical Leave Act (FMLA) differ in several key aspects. FMLA applies to companies with 50 or more employees within a 75-mile radius, while PFL applies to companies subject to State Disability Insurance (SDI) requirements, regardless of size. FMLA mandates 12 months of employment and 1,250 hours worked for eligibility, whereas PFL eligibility is determined based on SDI criteria rather than specific work duration or hours.
How much is paid under family leave law?
The paid family leave can be taken up to eight weeks. Employees are entitled to roughly 60 to 70 percent of their weekly wages. It will be calculated based on wages earned 5 to 18 months before the claim start date. You can count the daily benefit amount by dividing the weekly benefit amount by seven. You can calculate the maximum benefit by multiplying the weekly amount by eight. The State Disability Insurance Program of the Employment Development Department administers this program. The employee’s contribution fully funds PFL insurance.
How to apply for paid family leave?
There are varieties of PFL, such as PFL for new mothers who recently gave birth, PFL for new biological fathers, PFL for adoptive or foster parents, PFL for military family members, PFL caregivers, etc. If you want to apply in any of these cases, you can apply for PFL through mail or an online website. You need to complete a claim form and provide a doctor’s certification to prove your family member’s illness.
Can I get fired for a family emergency?
PFL provides payments during the leave but fails to ensure your job security. So, your employer is not entitled to keep your job while you are on leave. You can seek job protection under state laws like the Family and Medical Leave Act or California Family Rights Act.
Can employers deny paid family leave in California?
No, employers in California are entitled to provide paid family leave benefits for the workers. If you are eligible for this benefit, do not hesitate to apply.
Final Words
Hopefully, the information provided in the article benefits you to acquire family leave benefits. You should follow the procedure correctly to get maximum benefit during your leave.
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