In the Spotlight

Family Caregivers and California's Paid Family Leave Program

Can Family Caregivers Benefit from California's Paid Family Leave Program?

Most California workers are eligible to take up to six weeks a year of partially paid family leave. California was the first state in the country to create a comprehensive paid family leave program. Existing state and federal law guaranteed 12 weeks of unpaid leave for those working for larger employers; but the Paid Family Leave program guarantees that 6 of those weeks are paid. The program, signed into law in 2002, is completely funded by employees, and affects family caregivers as well as new parents.

Workers who participate in the State Disability Insurance (SDI) Program are entitled to a maximum of six weeks of partial pay each year while taking time off from work to bond with a newborn baby, adopted or foster child (both parents); or care for a seriously ill parent, child, spouse or registered domestic partner. Most workers will receive approximately 55% of their pre-taxed weekly wage, up to a maximum of $882, while on leave. The Paid Family Leave Program is administered by the State of California Employment Development Department (EDD) a state agency, not the employer.

Who is Using California's Paid Family Leave Program?

Earlier this year, the California Senate Office of Research released a report called "Balancing Work and Family," which covered the use of Paid Family Leave. According to the report, more than 400,000 Californians have benefited from the program. However, only 10% of the claims were for family caregiving, while 90% were for bonding with a new child. About 80% of beneficiaries were women.

Will There Be Expansion of the Paid Family Leave Program in California?

California legislators are making efforts to expand Paid Family Leave for working families by supporting bills that prohibit discrimination against California employees who care for their families—S.B. 836 (Kuehl), and cover more family members—S.B. 727 (Kuehl) and A.B. 537 (Swanson).

S.B. 836: Senate Bill 836 would add "familial status" to the list of prohibited bases for employment discrimination under the California Fair Employment and Housing Act (FEHA). The intent is to protect workers who may have family care responsibilities outside of work, including parenting duties or caring for an elderly parent, from being denied a promotion, a pay raise, or otherwise discriminated against at work. The bill passed the California State Senate on May 31, 2007 and is now being debated in the state Assembly.

S.B. 727: Senate Bill 727 would expand eligibility for the state's Paid Family Leave law to include workers who provide care for a seriously ill grandparent, grandchild, parent-in-law, or sibling. The bill passed the Senate on June 7 (vote 22-15), and passed the Assembly Labor and Employment Committee. The bill will be heard in the Assembly Judiciary Committee soon.

A.B. 537: Assembly Bill 537 would provide job protection to all workers covered by the federal Family and Medical Leave Act who take up to twelve weeks of unpaid leave to care for a seriously ill adult child, sibling, grandparent, grandchild, or parent-in-law. Currently, workers who take leave to care only for an ill minor child, parent or spouse are protected under CFRA. The bill passed the Assembly on June 5 (vote 47-32), and passed the Senate Committee on Labor and Industrial Relations. The bill was heard in the Senate Appropriations Committee July 16.

For Father's Day, approximately 4,000 postcards were sent to the Governor telling him to value real family ties by signing these important bills into law. Take action now! Follow up on this campaign by sending your own letter to the Governor asking him to support these bills.

California Caregivers, Register Today for Your Paid Family Leave!

You will no longer have to choose between caring for a family member and a paycheck! You may request a claim form online or by phone. Claim forms cannot be downloaded or faxed. Call 1-877-BE-THERE or visit the website of the Employment Development Department (Forms, Publications and Informational Materials) to download a form.

For more information, visit the Paid Family Leave Collaborative website: http://www.paidfamilyleave.org/index.html. Also, see Family Caregiver Alliance's 10 quick facts about California Paid Family Leave Law.

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