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DECEMBER 2003
PAID FAMILY LEAVE
California’s new Paid Family Leave (PFL) law begins the first phase of implementation with the
start of payroll deductions as of January 1, 2004. SB 1661 signed by former Governor Davis creates the
first in the nation insurance program providing up to six weeks of leave in a 12 month period for workers
who take time off of work to care for a child, parent, spouse or “domestic partner” who is “seriously ill”
and unable to care for him/herself, or to bond with a new child.
Payroll deductions begin January 1, but benefits do not become available until July 1, 2004.
Employers must (as of January 1, 2004):
Begin payroll deductions. The SDI rate will increase by .08% to fund the program
Post the State required poster advising employees of their rights (Notice to
Employees Form DE1875A)
Provide notice to new employees hired after January 1, 2004 and to employees
leaving work after July 1, 2004 of their rights under PFL. (State Brochure “Paid
Family Leave” DE 2511). (Employers are not required to provide notice to
existing employees).
Employers may require employees to take up to two weeks of earned but unused vacation leave
but may not require the employees to use earned but unused sick leave in conjunction with taking PFL.
Employers may not require employees to take all PFL at one time. There is no legally required
minimum of hours, days, or weeks that an employee must take PFL.
Employees are eligible for PFL if they are also eligible for SDI benefits and suffer a wage loss.
There is no eligibility requirement as to the amount of time an employee works for an employer (such as
there is for CFRA or FMLA). Part Time employees are also eligible.
Employees must:
Provide notice to the employer of the need for leave in accordance with the
company’s leave request procedure.
Submit a request to the State for benefits and provide proof of the (a) need for the
leave and (b) medical condition by a doctors certification.
The weekly benefit paid to employees is approximately 55% of their wages with a minimum of
$50.00 paid.
It is important to understand that PFL is not part of CFRA or FMLA. PFL can run concurrently
and overlap leave pursuant to CFRA and FMLA. An employer can use the same 12 month period for
both PFL and CFRA/FMLA. Under PFL the 12 month period runs from the date of the first request
forward. It is also important to note there is no job protection provided by PFL as there is with CFRA
or FMLA. PFL merely provides a paid benefit but does not provide any new leave entitlements.
Employers should have received from the State the following:
New Poster “Notice to Employees” (DE 1875A)
New Brochure “Paid Family Leave” (DE 2511)
Frequently Asked Questions Sheet
Introductory Letter
If t his information has not been received you can obtain the forms on the website at
www.edd.ca.gov/taxrep/taxordn2.ntm or call 1-877-238-4373.
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Paid Family Leave |
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This information is intended to provide guidance in the area of employment law and is provided as a service of the Firm. While every effort
has been made to ensure the accuracy of the information contained in this bulletin, it is not intended to serve as "legal advice". If additional
information or assistance is needed on any of the topics contained in this informational package or any other matter, please feel free to
contact Cynthia Elkins for further information. All rights reserved. ©2005.
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