In 2004, Californians Have Paid Family Leave

Beginning on July 1, 2004, Californians will be allowed to take up to six weeks paid leave to care for an ill family member or new child.

Up to 55% of a person’s regular salary – to a maximum of $728/week – will be available to all California workers currently insured under the California State Disability Insurance System (SDI). The new program, the Family Temporary Disability Insurance program (FTDI), will be a subsidiary of SDI and will be funded by an additional employee-paid premium of approximately $27 per year, on average. Employees will begin paying this premium by payroll deduction on January 1, 2004. There is no employer contribution to the benefit, although employers will carry any costs involved in hiring and training temporary help or otherwise covering the duties of the worker on leave.

Employers may require employees to use up to two weeks of accrued but unpaid vacation leave prior to receipt of the family leave, and an employee may not be eligible for the leave if another family member is available to provide the needed care. A maximum of 6 weeks of paid leave may be taken during any 12-month period.

Although the federal Family and Medical Leave Act (FMLA) already guarantees job reinstatement for many workers after they have taken up to 12 weeks off work to care for a relative, that leave was unpaid. This is the first time any government program has made the leave more accessible to those who could not otherwise afford to take leave.

APS and other professionals may find the legislation helpful in freeing up a concerned family member during the critical crisis-resolution phase after the discovery of a case of elder or vulnerable adult abuse, neglect, exploitation, or self-neglect.