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Federal |
Condition |
California |
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No. See: Family and Medical Leave Act of 1993 [FMLA]
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Required? |
Yes - Employers with 1 or more employees who are covered by the State Disability Insurance program (SDI). There is no limit on how many employees can take paid time off at the same time under this law. Employers whose employees do not contribute to SDI are not covered by this law.
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Paid/Unpaid? |
Employees pay for this insurance. Benefits will come from the SDI insurance fund. Workers will be reimbursed 55% of their base wage for up to six weeks in any 12-month period. These payments are tax-free and are capped at $728 per week. There is a 7-day waiting period each time the employee uses the benefit. Employers can require the employee to use up to two weeks of unused vacation time. One week of vacation will count as the waiting period. If the employee is eligible for leave under FMLA/CFRA they must use FTDI benefits concurrent with the FMLA/CFRA leave. |
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Applies to?
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Any employee with one day or more of service. Requires 7-day waiting period and is subject to employer’s vacation policy.
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Reasons for leave? |
Birth of a child of the employee or employee’s domestic partner; placement of child in connection with adoption or foster care; or serious health condition of a child of the employee, spouse or domestic partner; or the serious health condition of the employee’s spouse, parent, or domestic partner. |
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Duration?
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Up to 6 weeks during any 12-month period. |
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Guaranteed return to work?
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No. But, check on guaranteed return offered by FMLA/CFRA or Pregnancy Disability Leave if they also apply to this employee’s circumstance. |
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Guaranteed job assignment? |
No guarantees. |
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Employer verification?
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Employer may require employee to provide a certification from the health care provider of the person requiring care. The California Employment Development Department (EDD) must develop a form that can be used to request FTDI leave. |
