AB 123 California Assembly · 2021-2022 Regular Session

Paid family leave: weekly benefit amount.

Summary
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, a special fund in the State Treasury. That fund is continuously appropriated for the purpose of providing disability benefits and making payment of expenses in administering those provisions. Existing unemployment compensation disability law provides a formula for determining benefits available to qualifying disabled individuals. Under existing law, for periods of disability commencing on and after January 1, 2023, if the amount of wages paid an individual during the quarter of their disability base period in which those wages were highest exceeds $1,749.20, the weekly benefit amount is 55% of those wages divided by 13. Under existing law, a benefit that is not a multiple of $1 shall be computed to the next higher multiple of $1, and the amount of the benefit is prohibited from exceeding the maximum workers' compensation temporary disability indemnity weekly benefit amount. Under existing law, the maximum amount of benefits payable to an individual during any one disability benefit period is 52 times their weekly benefit amount, as specified. 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 to care for a seriously ill family member or to bond with a minor child within one year of birth or placement, as specified. Existing law defines "weekly benefit amount" for purposes of both employee contributions and benefits under this program to mean the amount of weekly benefits available to qualifying disabled individuals pursuant to unemployment compensation disability law, calculated pursuant to specified formulas partly based on the applicable percentage of the wages paid to an individual for employment by employers during the quarter of the individual's disability base period in which these wages were highest, but not to exceed the maximum workers' compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations. This bill would revise the formulas described above for periods of disability commencing after January 1, 2023, but before January 1, 2025, by redefining the weekly benefit amount to be equal to 65% or 75% of the wages paid to an individual for employment by employers during the quarter of the individual's disability base period in which these wages were highest, divided by 13, but not exceeding the maximum workers' compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations, depending on the amount of wages paid to the individual for employment by employers during the quarter of the individual's disability base period in which these wages were highest. The bill would, for periods of disability commencing after January 1, 2025, increase the wage replacement percentages to be equal to 70% or 90% depending on the amount of wages paid to the individual for employment by employers during the quarter of the individual's disability base period in which these wages were highest. The bill, however, would only make these revisions to the formula applicable to only the first 12 weeks of benefits for disability benefits that are not the paid family leave program. By providing for the deposit of additional contributions in, and by authorizing an increase in disbursements from, the Unemployment Compensation Disability Fund, this bill would make an appropriation.
Bill status vetoed 4 of 5 stages cleared
Introduction
Dec 2020
Committee Review
Aug 2021
Assembly Passage
May 2021
Senate Passage
Sep 2021
Vetoed
Jan 2022
Introduced Dec 18, 2020 Vetoed Jan 3, 2022
Floor votes · Senate Sep 8, 2021 · Assembly May 27, 2021

How they voted

300
Passed · 7 other
Total votes 37
Sep 8, 2021
D Democratic29
27 Yea 2
93% Yea
R Republican8
3 Yea 5
37% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
24
Key actions
9
Committee
9
Amendments
3
Feb 3, 2022
Vetoed
Consideration of Governor's veto stricken from file.
lower
Jan 3, 2022
Vetoed
Consideration of Governor's veto pending.
lower
Sep 28, 2021
Vetoed
Vetoed by Governor.
lower
Sep 9, 2021
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 68. Noes 0. Page 2991.).
lower
Sep 8, 2021
Introduced
In Assembly. Concurrence in Senate amendments pending.
lower
Sep 8, 2021
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 32. Noes 0. Page 2496.).
upper
Sep 2, 2021
Upper · Passed
Read third time and amended. Ordered to second reading.
upper
Aug 26, 2021
Upper · Passed
From committee: Do pass. (Ayes 5. Noes 0.) (August 26).
upper
Jul 5, 2021
Committee
In committee: Referred to suspense file.
upper
Jun 22, 2021
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 21). Re-referred to Com. on APPR.
upper
Jun 9, 2021
Committee
Referred to Com. on L., P.E. & R.
upper
May 27, 2021
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 65. Noes 0. Page 1625.)
lower
May 20, 2021
Lower · Passed
From committee: Do pass. (Ayes 12. Noes 3.) (May 20).
lower
May 5, 2021
Committee
In committee: Set, first hearing. Referred to APPR. suspense file.
lower
Apr 15, 2021
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 1.) (April 15). Re-referred to Com. on APPR.
lower
Jan 11, 2021
Committee
Referred to Com. on INS.
lower
Dec 19, 2020
Lower · Passed
From printer. May be heard in committee January 18.
lower
Dec 18, 2020
Introduced
Introduced. To print.
lower
1 primary · 1 co-sponsor

Sponsors