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Paid Family Leave, or PFL, entitles certain employees to up to six weeks of time off, partially paid, to care for seriously ill family members or to bond with a new child. It is a law specific to the state of California that applies to approximately 18.3 million California workers. The California Employment Development Department (EDD) is in charge of PFL claims and of administering benefits. If you run into any issues with your PFL claim or employer retaliation for paid family leave in Los Angeles, seek help from the employment lawyers at The Law Office of Omid Nosrati. We fight for California’s employees.
The PFL is an insurance program in California that also goes by the name Family Temporary Disability Insurance. Lawmakers enacted the PFL in 2002 to extend unemployment disability benefits to employees who take time off work to care for ill family members or to tend to the needs of a new child. Benefits include up to six weeks of partially paid time off per 12-month period. As of January 1, 2018, the benefits employees may qualify for increased to 60-70% of wages depending on income. New laws also removed the seven-day waiting period previously imposed on PFL claims.
To qualify for PFL benefits, you can be any type of employee working for any size company. All employers in the state of California must maintain PFL insurance. You do not need to meet any minimum hours-worked requirements to be eligible for PFL. You must simply be an employee or actively searching for work at the time the incident occurs, as well as unable to perform your job because you need to care for a family member or new child. You must also suffer lost wages as a result of taking leave to care for your family.
Finally, you must have earned at least $300 with withheld SDI deductions during your base period. A “family member” under PFL laws can be a spouse, domestic partner, child, grandchild, sibling, parent, parent-in-law, or grandparent. A “new child” can represent the birth of a new child, but it also applies to a child entering the family through adoption or a foster-care program. Leaving to care for any of these family members or to bond with a new minor child qualifies employees to take paid family leave.
Your employer may receive a notification that you submitted a claim for PFL, but this should in no way affect your employment. If your employer terminates your job, cuts your wages or hours, fails to consider you for promotions, or otherwise reacts negatively to you taking or applying for PFL, you are the victim of unlawful retaliation. In these cases, always consult with our team to learn the legal actions available to you. You are likely eligible for compensation. Call (310) 553-5630 to learn more about your case for free and speak to one of our Employment lawyers in Los Angeles.
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