SB 1090: Unemployment insurance: disability and paid family leave: claim administration.

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 employees own sickness or injury, among other reasons. Existing law sets forth standards for eligibility to receive unemployment compensation disability benefits.

Existing law establishes, within the above state disability insurance program, a family temporary disability insurance program, also known as the paid family leave program, for the provision of wage replacement benefits for up to 8 weeks to workers who take time off work for prescribed purposes, including to care for a seriously ill family member.

Existing law requires, for purposes of unemployment compensation disability benefits, the Employment Development Department to issue the initial payment for unemployment compensation disability benefits to a monetarily eligible claimant who is otherwise determined eligible by the department within 14 days of receipt of the claimants properly completed first disability claim. Existing law provides for purposes of the paid family leave program that eligible workers shall receive benefits generally in accordance with unemployment and disability compensation law.

This bill would instead require, for purposes of unemployment compensation disability benefits, the issuance of the initial payment for those benefits within 14 days of receipt of the claimants properly completed first disability claim or as soon as eligibility begins, whichever is later. The bill would apply the same initial payment issuance schedule applicable to unemployment compensation disability benefits to the paid family leave program and repeal the requirement that eligible workers receive benefits generally in accordance with unemployment and disability compensation law. The bill would make these changes operative when the next scheduled improvement of the Employment Development Departments integrated claims management system is implemented, or on January 1, 2028, whichever is earlier. implemented.

Under the state disability insurance and paid family leave programs, a first claim is required to be filed not later than the 41st consecutive day following the first compensable day with respect to which the claim is made for benefits, as specified.

This bill would provide that the first claim shall also be filed not earlier than 30 days prior to the first compensable day with respect to which the claim is made for benefits. The bill would make these changes operative when the next scheduled improvement of the Employment Development Departments integrated claims management system is implemented, or on January 1, 2028, whichever is earlier. implemented.