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Governor Signs SB 83 Extending Paid Family Leave Benefits

Client Alert

On June 27, 2019, Governor Newsom signed Senate Bill 83 (SB 83), which allows workers paying into the State Disability Insurance (SDI) program to claim up to eight (8) weeks in Paid Family Leave (PFL) benefits starting July 1, 2020. Additionally, SB 83 creates a task force to develop a PFL program that extends benefits to six (6) months by 2022.  Prior to SB 83, workers could claim only up to six (6) weeks of PFL benefits.

Changes to Family Leave Program

The PFL benefits program provides wage replacement to workers who take time off from work for an ill child, spouse, parent, grandparent, sibling, or domestic partner, or to bond with a child within one year of birth or adoption. A worker eligible for PFL benefits under SB 83 may claim up to eight weeks of family leave within a twelve-month period. The PFL program does not provide job protection, but other state and federal laws such as the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) do provide such protection.

Impact on Public Agencies

SB 83 impacts public agencies that pay into the SDI benefits program as part of a negotiated agreement. Public agency employees who file a claim for PFL benefits, pay into the SDI program, provide proof of relationship, and have a physician’s certification for the affected family member, may receive up to eight weeks of wage replacement benefits.  Public agencies that pay into SDI should prepare for these changes to PFL which will begin in July 2020, and should further prepare for the PFL benefits to potentially extend to six months by 2022.     

Other Changes in SB 83

In addition to extending Paid Family Leave benefits, SB 83 allows state government employees that pay into the Nonindustrial Disability Insurance (NDI) program to receive six weeks of paid family leave. Public agencies should be aware that the NDI portion of the bill only applies to employees of the State of California, not public agencies.  SB 83 also apportions a one-time payment of five million dollars from the general fund to administer an outreach and education program for domestic workers.

For further information, please contact Colin Tanner or Pam Lee from Aleshire & Wynder, LLP’s Labor & Employment Practice Group at (949) 223-1170.

Disclaimer:  Aleshire & Wynder, LLP legal alerts are not intended as legal advice.  Additional facts or future developments may affect subjects contained herein.  Please seek legal advice before acting or relying upon any information in this communication