Family Medical Leave Act (FMLA)
Family Medical Leave Act FMLA
“The Family Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.” – United States Department of Labor
Fast Facts about Paid Family Leave
- Any employees working in a company with 50 or more employees are eligible
- Provides benefits but does not provide job protection or return rights
- Provides eligible workers partial wages replacement when taking time off work to care of parents, children, spouses, and registered domestic partners or to bond with a new minor child
- Covers all employees who are covered by SDI (or a voluntary plan in lieu of SDI)
- Offers up to 12 weeks of benefits a year
- Provides benefits of approximately 55 percent of lost wages
California’s Paid Family Leave insurance benefit was created for the times in life when a working person needs to care for a loved one. This time may be used to bond with a newborn, take care of an ill parent, child spouse or registered domestic partner.
Paid Family Leave insurance benefits are based on the claimant’s (care provider’s) past quarterly earnings. Determine your weekly benefit amount according to the Disability Insurance (DI) & Paid Family Leave (PFL) Weekly Benefit Amount in Dollar Increments form (DE2589) or visit www.edd.ca.gov.
Paid Family Leave insurance does not provide job protection or return rights. A job may be protected if the employer is subject to the federal Family Medical Leave Act and the California Family Rights Act. You must notify your employer of your reason for taking leave in a manner consistent with your company’s leave policy.
To qualify for Paid Family Leave insurance benefits, you must meet the following requirements:
- Be covered by State Disability Insurance (SDI) or a voluntary plan in lieu of SDI and have earned at least $300 in your base period from which deductions were withheld.
- Complete your claim form (DE 2501) accurately, completely, truthfully and timely.
- Submit your claim no earlier than 9 days, but no later than 49 days after the first day your family care leave began.
- Supply medical information that supports your claim that the care recipient has a serious health condition and requires your care.
- Provide documentation to support a claim for bonding with a new biological, adopted or foster child.
- Use up to two weeks of any earned but unused vacation leave or paid time off (PTO) if required by your employer prior to the initial receipt of benefits.
- Serve a 7 day unpaid waiting period before benefits begin for each different case recipient within the 12-month period.
You may not be eligible for benefits if:
- You receive State Disability Insurance, Unemployment Insurance, or Worker’s Compensation.
- You are not working or looking for work at the time you begin your family care leave.
- You are not suffering a loss of wages.
- The need for care is not supported by the certificate of a treating physician or practitioner.
- You are in custody due to conviction of a crime.
You are entitled to:
- Know the reason and basis for any decision that affects your benefits
- Appeal any decision about your eligibility for benefits. (appeals must be sent to Paid Family Leave in writing).
- A hearing of your appeal before an Administrative Law Judge (ALJ). You may further appeal the ALJ’s decision to the California Unemployment Insurance Appeals Board and the courts.
- Privacy – Information about your claim will be kept confidential except for the purposed allowed by law
Contact Paid Family Leave
- 1-877-238-4373 (English)
- 1-877-379-3819 (Espanol)
- 1-800-445-1312 (TTY)
For questions or to request a claim form, please contact Paid Family Leave. For a woman currently receiving SDI pregnancy-related benefits, it is not necessary to request a Claim for Paid Family Leave Benefits. You will automatically be sent a Claim for Paid Family Leave (PFL) Benefits – New Mother, DE 2501FP, when your pregnancy-related disability claim ends.
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