PFL BENEFITS INCREASED TO 8 WEEKS OF WAGE REPLACEMENT AS OF JULY 1
Employees in California have been able to apply Paid Family Leave (PFL) which provides the employee with partial wage replacement benefits from the EDD if the employee needs to take time off of work for the following reasons:
- to care for a seriously ill family member defined as child, parent, parent-in-law, grandparent, grandchild, sibling, spouse, or registered domestic partner or
- to bond with a new child entering the family through birth, adoption, or foster care placement.
Currently PFL benefits provide for 6 weeks of partial wage replacement benefits. Effective July 1, 2020 PFL benefits are extended to eight weeks so that an employee may take up to 8 weeks off during any 12 month period of time. Because of the increase in time permitted under PFL, employees may choose to delay filing their PFL claim until July 1, 2020, or after to receive the extended leave benefit.
It is important for employers to remember, and to remind employees, PFL is not a leave of absence provided by the employer and also does not provide job protection – the program is to provide only monetary benefits. If an employee wishes to obtain PFL benefits, they must apply with the EDD. In addition, the employee must request a leave of absence with the employer.
PFL BENEFIT PAYMENTS
If the EDD determines the employee is eligible, the employee can receive about 60% to 70% of wages earned in the 5 to 18 months prior to the start date. The length of time worked at the current job does not affect eligibility.
It is important to note that this extension of benefits from six weeks to eight weeks is available only for PFL claims filed with EDD on or after July 1, 2020.
DATE CLAIM FILED DETERMINES BENEFITS
For PFL claims for child bonding, the determining factor on the amount of PFL granted is the date on which the PFL claim is filed — not the date of the child’s birth (or placement for foster care or adoption). So, an employee may choose to delay filing for EDD PFL benefits; however, PFL benefits are payable only for one year from the date of the child’s birth or placement for foster care or adoption.
This Newsletter is intended as a brief summary of employment law. While every effort has been made to ensure the accuracy of the information contained herein, it is not intended to serve as “legal advice,” or to establish an attorney-client relationship. If additional information is needed on any of the topics contained herein, please contact our office. All rights reserved. ©2020.