California expands paid family leave benefits and sick leave days

Earlier this year, the state of California increased Paid Family Leave and Disability Insurance benefits to up to 90 percent of wages for many workers—an unprecedented increase that makes it easier for Californians to take time off work for illness, injury, or even to care for loved ones.

Daniela Rodriguez, a UC Berkeley scholarship recipient and reporter for Radio Bilingüe, provides more details on the topic.

Community and legal organizations in California presented an informational seminar in Spanish, with Mixtec translation, about the recent changes to paid leave laws and programs available to employees throughout the state.

At the start of the seminar, Natasha Castro, from the Work and Family Coalition, explained that paid sick leave is part of a state labor law that requires employers to provide this benefit to their employees in certain emergencies. “Paid sick and safety days can be used for your own illness or to care for a family member. They can also be used to seek care or services related to domestic violence.”

One change to this law is that, starting this year, farmworkers in the state can also use this resource to protect themselves from emergencies related to smoke, extreme heat, or flooding, especially when their employer has to cancel their workday or they lose workdays due to any of these situations.

“California workers can also now use these days for specific reasons to support a family member who is a survivor of a crime, including domestic violence.”

Natasha explains other benefits that are part of California’s income replacement programs, known as Paid Family Leave and State Disability Insurance. Although they have different eligibility criteria, they are typically used for long-term needs, such as recovery from surgery or caring for a seriously ill family member. She also highlights some requirements that people must meet to determine if they are eligible for these benefits.

“To qualify, you must be contributing to State Disability Insurance, be in the labor market, and have experienced a loss of wages. Seasonal workers, such as farmworkers, still qualify; they may still qualify if they are not currently working.”

It’s important to remember that Paid Family Insurance and State Disability Insurance are also available to undocumented workers and do not affect citizenship applications. And earlier this year, these programs increased the payments that eligible low-income individuals can receive.

“Low-income workers in California will receive 90 percent of their regular wages from disability insurance and paid family leave. Low-income workers will be defined as anyone earning 70 percent, or at least, the state median weekly wage.”

She adds that in California, employees can now use paid family leave without having to use accrued vacation time, thanks to AB 2123, which went into effect in January of this year. And although you can apply for these benefits online, attorney Juliana Franco, from the Center for Work Life Law, recommends that undocumented people apply by mail, not online.

“Because there are several things you can do on the paper application that the EDD website technology doesn’t allow.”

You can also call the Employment Development Department (EDD) at 1-800-480-3287 to request a form and see if you are eligible. In addition, there is now a website to guide undocumented workers who want to apply for these programs.

However, attorney Franco emphasizes that Paid Family Leave and Disability Insurance do not automatically guarantee employment, so it is important to know the state and federal laws that can protect you from losing your job after a prolonged absence.

“This means that your employer is only obligated to protect your job if it is covered separately by state and federal laws. If you qualify for job protection, your employer must guarantee your job.”

Finally, Natasha Castro, representative of the Coalition for Work and Family, emphasizes that strengthening labor rights is also connected to democratic participation. For more information about paid family leave and state disability insurance and how to apply, visit the California Coalition for Work and Family website or the Department of Labor’s website.