Paid Family Leave Act Now Law in California

Beginning July 1, 2004, the nation’s first-ever paid family leave law went into effect in California, allowing most workers to get partial pay when they take time off to care for a new baby or other family members. Voters passed the act in September 2002, with a two year lead time until it became law.

Under the new law workers can get up to 55 percent of their salaries – up to $728 per week – for a maximum of 6 weeks a year. This gives workers time to care for a new baby, foster or adopted child or to care for a seriously ill parent, spouse, child or domestic partner. The benefit is funded by mandatory employee contributions to the state’s disability insurance fund averaging $25 a year per employee. The benefit is available to all those who are covered by SDI. It is expected that at least 300,000 Californians will take advantage of the law in the first year.

“Starting July 1, California’s working families will no longer need to choose between their paychecks and caring for their loved ones,” said Art Pulaski, executive secretary-treasurer of the California Labor Federation, which worked with allies in the women’s rights community to mobilize support for the law. “Union members worked hard to pass this groundbreaking legislation that will benefit all working people.”

The California law goes above and beyond the federal Family and Medical Leave Act (FMLA) signed in 1993 that requires large companies to give workers up to 12 weeks of unpaid leave off per year.

The business community, which strongly opposed the law, is concerned that it will drive companies out of the state and put a strain on employers, especially small businesses that have trouble covering for temporarily lost employees. Some businesses say the law will increase absenteeism.

However, the law is overwhelmingly popular with voters – 85 percent of all Californians support paid family leave. A recent study by the UCLA Institute of Industrial Relations reports that half of employers in California were already offering family and medical leave benefits beyond what was required by law. Yet only 6.7 percent of employees in those companies took leave during the year compared to 4.5 percent of employees in companies that did not offer enhanced benefits.

HOW TO APPLY

To apply for Paid Family Leave Act benefits, call the state Employment Development Department at 1-877-BETHERE, or contact your medical provider or local state disability insurance office. The department has a web site with more information, www.edd.ca.gov, although the actual application forms are not available to download. It generally takes about three weeks to be approved and start receiving benefits.

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