AB 2054

Introduced by Assembly Member Gipson
(Coauthors: Assembly Members Davies, Jeff Gonzalez, and Schiavo)
 An act to amend, repeal, and add Section 3302.1 of the Unemployment Insurance Code, relating to unemployment insurance, and making an appropriation therefor.
unemployment insurance, and making an appropriation therefor
Family temporary disability insurance program: covered active duty.
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 law, the family temporary disability insurance program, provides up to 8 weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, grandparent, grandchild, sibling, or domestic partner, or to bond with a minor child within one year of birth or placement in connection with foster care or adoption, or to participate in a qualifying exigency related
			 to the covered active duty or call to covered active duty of the individual’s spouse, domestic partner, child, or parent in the Armed Forces of the United States. Existing law defines “covered active duty” to mean, with respect to a member of the regular Armed Forces of the United States, duty during the deployment of the member with the regular armed forces to a foreign country and, with respect to a member of the reserve components of the Armed Forces of the United States, duty during the deployment of the member of those reserve components to a foreign country under a federal call or order to active duty.
This bill would, starting upon specified changes to the Employment Development Department’s integrated claims management system or on July 1, 2028, whichever occurs sooner,
			 expand the definition of “covered active duty” to additionally include duty during training, deployment other than deployment to a foreign country, and, with respect to a member of the reserve components of the Armed Forces of the United States, a call or order to state active duty. By authorizing expenditures from the continuously appropriated fund for these expanded purposes, this bill would make an appropriation.
The people of the State of California do enact as follows:
SECTION 1.
Section 3302.1 of the
Unemployment Insurance Code
 is amended to read:
3302.1.
(a) For the purposes of this chapter:
(1) “Covered active duty” means, with respect to a member of the regular Armed Forces of the United States, duty during the deployment
						of the member with the regular armed forces to a foreign country and, with respect to a member of the reserve components of the Armed Forces of the United States, duty during the deployment of the member of those reserve components to a foreign country under a federal call or order to active duty.
(2) “Disability benefit period” with respect to any individual, means the period of unemployment beginning with the first day an individual establishes a valid claim for family temporary disability insurance benefits to care for a seriously ill family member, to bond with a
						minor child during the first year after the birth or placement of the child in connection with foster care or adoption, or to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the individual’s spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(A) Periods of family care leave for the same care recipient within a 12-month period shall be considered one disability benefit period.
(B) Periods of disability for pregnancy, as defined in Section 2608, and periods of family care leave for bonding associated with the birth of that child shall be considered one disability benefit period.
(b) This section shall remain in effect only until Section 3301.5 is incorporated in the Employment Development Department’s integrated claims management system as part of the EDDNext project, or until July 1, 2028, whichever occurs sooner, and as of that date is repealed.
SEC. 2.
Section 3302.1 is added to the
Unemployment Insurance Code
, to read:
3302.1.
(a) For purposes of this chapter:
(1) “Covered active duty” means, with respect to a member of the regular Armed Forces of the United States, duty during the deployment or training of the member with the regular armed forces and, with respect to a member of the reserve components of the Armed Forces of the United States, including the National Guard, duty during training or a call or order to federal or state active duty.
(2) “Disability benefit period” with respect to any individual, means the period of unemployment beginning with the first day an individual establishes a valid claim for family temporary disability insurance benefits to care for a seriously ill family member, to bond with a minor
						child during the first year after the birth or placement of the child in connection with foster care or adoption, or to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the individual’s spouse, domestic partner, child, or parent in the Armed Forces of the United States.
(A) Periods of family care leave for the same care recipient within a 12-month period shall be considered one disability benefit period.
(B) Periods of disability for pregnancy, as defined in Section 2608, and periods of family care leave for bonding associated with the birth of that child shall be considered one disability benefit period.
(b) This section shall become operative when Section 3301.5 is incorporated in the Employment Development Department’s integrated claims management system as
						part of the EDDNext project, or on July 1, 2028, whichever occurs sooner.