AB 2167

Bill Subjects

Abstract

Existing unemployment compensation disability law requires workers to pay contribution rates based on, among other things, wages received in employment and benefit disbursement, for payment into the Unemployment Compensation Disability Fund, for purposes of compensating in part for the wage loss sustained by any individual who is unable to work due to the employee's own sickness or injury, among other reasons. Existing law sets forth standards for eligibility to receive unemployment compensation disability benefits. Existing law authorizes an individual to file a first claim for these benefits no later than the 41st consecutive day following the first compensable day of unemployment and disability with respect to which the claim is made for benefits, as specified. This bill would, instead, authorize an individual to file a first claim for benefits no later than the 60th consecutive day following the first compensable day of unemployment and disability. The bill would also, beginning when the next scheduled improvement of the Employment Development Department's integrated claims management system is implemented, authorize an individual to file a claim for disability insurance benefits up to 30 days before the first compensable day with respect to which the claim is made for benefits and make other conforming changes. Existing law requires the department to make a determination as to the eligibility of the claimant for benefits and to notify the claimant of the determination and the reasons therefor. Existing law authorizes the claimant to appeal therefrom to an administrative law judge within 60 days from service of the notice of determination. This bill would extend the period during which the claimant may appeal the department's determination from 30 days to 60 days. The bill would also delete an obsolete provision. Pursuant to the above-described state disability insurance program, existing law requires the executive officer of the Employment Development Department, known as the Director of Employment Development, to administer the state's unemployment compensation disability insurance program, which includes the family temporary disability insurance program, also known as the paid family leave program. Existing law establishes the family temporary disability insurance program for the provision of wage replacement benefits to workers who take time off work to care for certain seriously ill family members, to bond with a minor child within one year of birth or placement, as specified, or to participate in a qualifying exigency related to the covered active duty or call to covered active duty of certain family members. Existing law requires an individual to file a claim for family temporary disability insurance benefits no later than the 41st consecutive day following the first compensable day with respect to which the claim is made for benefits, as specified. Existing law provides that an individual is deemed eligible for family temporary disability insurance benefits only if the director makes specified findings. Existing law requires the department to distribute the application for family temporary disability insurance benefits, in addition to English, in all non-English languages spoken by a substantial number of non-English-speaking applicants, as defined. This bill would extend the timeline for an individual to file a claim for family temporary disability insurance benefits to no later than the 60th consecutive day following the first compensable day with respect to which the claim is made for benefits, and would authorize an individual, beginning when the next scheduled improvement of the Employment Development Department's integrated claims management system is implemented, to file that claim for benefits no earlier than 30 days before the first compensable day, as provided. For purposes of the state's unemployment compensation disability insurance program, existing law requires, after a claim for benefits is filed, the department to determine the eligibility of the claimant for benefits and to notify the claimant of the determination. Existing law allows the claimant to appeal to an administrative law judge within 30 days from mailing or personal service of the determination, which may be extended for good cause. For purposes of the paid family leave program, this bill would extend the appeal timeline to 60 days from the service of the notice of determination, and would authorize that period to be extended for good cause, as defined. The bill would also require the department, beginning when the next scheduled improvement of the Employment Development Department's integrated claims management system is implemented, to issue the initial payment for family temporary disability insurance benefits within 14 days of receipt of an eligible claimant's properly completed first family temporary disability insurance claim or as soon as eligibility begins, whichever occurs later.