2019 Employment Law Updates: Paid Family Leave

Eligibility

When welcoming a new child or caring for an ill family member, individuals are now able to receive partial pay during their time off from work. To be eligible for paid family leave the employee must be using the time to either bond with a new child or take care of a family member with a serious illness. Additionally, the individuals must have earned $300 or more in wages during a 12-month base period after the claim.

This law does not apply to employees taking time off for their own illness. Though for short-term disabilities such as pregnancy, the individual can collect state short-term disability benefits

How much

Employees can receive 60-70% of their average weekly earnings which the state has created a maximum wage replacement of $1,252 per week. The earnings will be received for a maximum of six weeks with no waiting period. The employee can obtain earnings on the first day off of work. In addition to the paid time off, up to two weeks of vacation time can be used if the employee has saved the time up.

Job protection

This paid family leave law only refers to the rights to collect benefits from the state, but the employer is not required to give employees time off or protect their jobs. California has a pregnancy disability law does require employers with five or more employee to protect the jobs of those with a pregnancy-related disability.

 

If you have any questions about how employment law updates may impact your EPLI give us a call at (805)499-7300