Bill to extend paid family leave benefits heads to governor

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2655.

(a) Except as provided in subsections (b), (c), (d), (e) and (f), an individual’s “weekly benefit amount” is the amount shown in column B of the table appearing in article this subdivision on the line of which appears in column A of the table the salary bracket containing the amount of salaries paid to the individual for a job by the employers during the quarter of the base period disability of the individual where wages were highest.

A
Salary amount in
highest quarter

B
Weekly benefit
amount

$ 75 to $ 1,149.99 ……………………

$ 50

1150-1174.99 ……………………

51

1,175–1,199.99 ……………………

52

1,200-1,224.99 ……………………

53

1,225–1,249.99 ……………………

54

1,250-1,274.99 ……………………

55

1275–1299.99 ……………………

56

1,300-1,324.99 ……………………

57

1 325–1 349.99 ……………………

58

1350 to 1374.99 ……………………

59

1 375-1 399.99 ……………………

60

1,400-1,424.99 ……………………

61

1,425-1,449.99 ……………………

62

1,450-1,474.99 ……………………

63

1475 to 1499.99 ……………………

64

1,500–1524.99 ……………………

65

1,525 to 1,549.99 ……………………

66

1,550 to 1,574.99 ……………………

67

1,575 to 1,599.99 ……………………

68

1,600–1624.99 ……………………

69

1,625–1649.99 ……………………

70

1650 to 1674.99 ……………………

71

1675 to 1699.99 ……………………

72

1,700–1724.99 ……………………

73

1.725-1.749.20 ……………………

74

(b) For periods of disability beginning on or after January 1, 1990, and before January 1, 1991, if the amount of wages paid to an individual for employment by employers during the quarter of the base period of disability of the individual during which this salary was the highest exceeds one thousand seven hundred and forty-nine dollars and twenty cents ($ 1,749.20), the amount of the weekly indemnity will be 55 per cent of this divided salary per 13, but will not exceed two hundred and sixty-six dollars ($ 266) or the maximum Workers’ Compensation amount weekly Temporary Disability Award amount, whichever is less. If the benefit payable under this subsection is not a multiple of one dollar ($ 1), it must be calculated to the immediately greater multiple of one dollar ($ 1).

(c) For periods of disability beginning on or after January 1, 1991, but before January 1, 2000, if the amount of wages paid to an individual for employment by employers during the quarter of the base period of disability of the individual during which this salary was the highest exceeds one thousand seven hundred and forty-nine dollars and twenty cents ($ 1,749.20), the amount of the weekly indemnity will be 55 per cent of this salary divided by 13, but not more than three hundred and thirty-six dollars ($ 336). If the benefit payable under this subsection is not a multiple of one dollar ($ 1), it must be calculated to the immediately greater multiple of one dollar ($ 1).

(d) (1) For periods of disability beginning on or after January 1, 2000, but before January 1, 2018, if the amount of wages paid to an individual for employment by employers during the quarter of the period of basis of disability of the individual during which the highest salary exceeds one thousand seven hundred and forty-nine dollars and twenty cents ($ 1,749.20), the amount of the weekly indemnity must be equal to 55 per cent of this salary divided by 13, but without exceeding the maximum amount of the weekly workers’ compensation indemnity for temporary disability.

(2) Notwithstanding the maximum amount of the weekly workers compensation compensation for temporary disability in subsection (1), if the compensation under this subsection is not a multiple of one dollar ($ 1), it must be calculated to the next higher multiple of a dollar. ($ 1).

(e) For periods of disability beginning on or after January 1, 2018, but before January 1, 2023, an individual’s “weekly benefit amount” is as follows:

(1) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s base period of disability in which that wage was greater is less than nine hundred and twenty-nine dollars ( $ 929), then fifty dollars ($ 50).

(2) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s base period of disability in which that wage was greater is nine hundred and twenty-nine dollars (929 $) or more, and is less than one-third of the state’s average quarterly wage amount, then 70 percent of the amount of wages paid to the individual for a job by employers in the base period quarter disability of the individual with the highest wages, divided by 13. If the benefit amount is not a multiple of one dollar ($ 1), it must be calculated to the multiple immediately greater than one dollar ($ 1).

(3) Except as provided in subsection (4), when the amount of wages paid to the individual for employment by employers during the quarter of the individual’s base period of disability during which such wages was the greater equal to one-third of the amount of state average quarterly wage, or more, either (A) 23.3 percent of the state average weekly wage or (B) 60 percent of the amount of wage paid to the individual for employment by employers in the quarter of the individual’s base period of disability in which these wages were highest divided by 13, whichever is greater. If the weekly benefit amount is not a multiple of a dollar ($ 1), it must be calculated to the next higher multiple of a dollar ($ 1).

(4) An individual’s “weekly benefit amount” shall not exceed the maximum amount of weekly workers compensation benefit established by the Department of Industrial Relations in accordance with section 4453 of the Labor Code.

(f) (1) For Except as provided in subsection (2), for periods of disability beginning on or after January 1, 2023, if the amount of salary paid to an individual for employment by employers during the quarter of the individual’s base period of disability in which that salary was on greater than one thousand seven hundred and forty-nine dollars and twenty cents ($ 1,749.20), the amount of the weekly indemnity will be equal to 55 percent of those wages divided by 13, but not exceeding the maximum amount of the ‘weekly temporary disability compensation compensation for workmen’s compensation established by the Department of Industrial Relations in accordance with Article 4453 of the Labor Code.

(2) (A) For periods of disability beginning on or after January 1, 2023, but before January 1, 2025, the weekly benefit amount for the first 12 weeks is as follows:

(i) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s base period of disability in which those wages were highest is greater than 70 percent of the average weekly state wage, the amount of weekly allowances is equal to 65 percent of the wages paid to an individual for employment by employers during the quarter of the individual’s basic disability period in which this salary was the highest, divided by 13, but not exceeding the maximum amount of the weekly temporary disability compensation for work-related accidents established by the Department of Industrial Relations under section 4453 of the Labor Code .

(ii) Where the amount of wages paid to the individual for employment by employers in the quarter of the individual’s base period of disability in which those wages were highest is 70 per cent or less than the state’s average weekly wage, the amount of weekly benefits is equal to 75 percent of the wages paid to an individual for employment by employers during the quarter of the individual’s base period of disability at during which this salary was the highest, divided by 13, but without exceeding the maximum amount of the weekly indemnity for temporary disability for accidents at work established by the Department of Industrial Relations under section 4453 of the Labor Code .

(B) For periods of disability beginning on or after January 1, 2025, the weekly benefit amount for the first 12 weeks is as follows:

(i) When the amount of wages paid to the individual for employment by employers in the quarter of the individual’s base period of disability in which those wages were highest is greater than 70 percent of the state’s average weekly wage, the amount of weekly benefits is equal to 70 percent of the wages paid to an individual for employment by employers in the quarter of the individual’s base period of disability at during which this salary was the highest, divided by 13, but not exceeding the maximum amount of the weekly indemnity for temporary disability for accidents at work established by the Department of Industrial Relations under section 4453 of the Code work.

(ii) Where the amount of wages paid to the individual for employment by employers in the quarter of the individual’s base period of disability in which those wages were highest is 70 per cent or less than the state’s average weekly wage, the amount of weekly benefits is equal to 90 percent of the wages paid to an individual for employment by employers during the quarter of the individual’s base period of disability at during which this salary was the highest, divided by 13, but not exceeding the maximum amount of the weekly compensation for temporary disability for accidents at work established by the Department of Industrial Relations under section 4453 of the Code work.

(C) The weekly benefit amount following the 12 week period described in subparagraphs (A) and (B) reverts to the weekly benefit amount formula in subsection (1) for all subsequent weeks.

(2)

(3) Notwithstanding the maximum amount of the weekly workers compensation compensation for temporary disability in subsection (1) of subsection (d), if the benefit under that subsection is not a multiple of ‘one dollar ($ 1), it is calculated to the next higher multiple of one dollar ($ 1).

(g) For the purposes of this article:

(1) “Government’s average quarterly wage” means the government’s average weekly wage multiplied by 13.

(2) “State Average Weekly Wage” means the average weekly wage paid by employers to employees covered by Unemployment Insurance, as reported by the United States Department of Labor for California for the 12 months ending on March 31 of the calendar year preceding the year in which the disability occurred.


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