Beginning on July 1, 2020, California Paid Family Leave and the San Francisco Paid Parental Leave Ordinance will be extended to a maximum of 8 weeks (from the prior 6-week limit).
California Paid Family Leave (PFL) Expansion
Beginning July 1, 2020, California’s PFL program will provide up to 8 weeks of wage replacement to eligible individuals who take time off to care for a seriously ill family member or to bond with a minor child within one year of birth or placement. This marks an increase from the current 6-week limit.
Employees will be eligible for up to 8 weeks of benefits if their claim start date (and not necessarily the date of birth) begins after July 1, 2020. For instance, if a baby is born on May 1, 2020, individuals can request PFL beginning on or after July 1, 2020 and be eligible for up to 8 weeks in benefits. In other words, claims for PFL that begin before July 1, 2020 will only be eligible for up to 6 weeks in benefits. For more on CA PFL eligibility, see the State’s official FAQs.
California’s PFL program is run by the California Employment Development Department (EDD) and is funded entirely by employee payroll deductions. All California employees must contribute to CA PFL, regardless of the size of their employer. This means that all employers (including out-of-state employers) with California employees (including remote employees) must withhold and remit CA PFL contributions from employees’ paychecks.
Employer Notice Requirements
Employers are required to display this EDD poster at their workplaces, which outlines employees’ rights to CA PFL (in addition to their rights to unemployment insurance and disability insurance).
Employers are also required to provide this CA PFL employee brochure to new hires and to employees taking leave to care for a seriously ill family member or to bond with a new child.
San Francisco Paid Parental Leave Ordinance (SF PPLO)
SF PPLO requires certain employers to provide supplemental compensation (on top of CA PFL benefits) to eligible employees receiving CA PFL for the purpose of bonding with a new child. Employers are required to provide supplemental compensation for as long as an employee is receiving CA PFL. Therefore, SF PPLO is being extended to a maximum of 8 weeks because CA PFL is being extended to 8 weeks. For additional information employer requirements under SF PPLO, see the City’s official webpage.
Employers are subject to SF PPLO if they have 20 or more employees worldwide and at least one eligible employee. Employees are eligible for SF PPLO if they:
- Work for the employer at least 180 days prior to the start of the leave period;
- Perform work in San Francisco for at least 8 hours per week and at least 40% of their total weekly hours are performed in San Francisco; and
- Receive CA PFL benefits for the purpose of bonding with a new child.
Employer Notice Requirements
Employers are required to post a SF PPLO notice at each jobsite and include a description of employees’ right to SF PPLO in any employee handbook. Note that the current SF PPLO poster has not yet been updated with the extended 8-week duration.
In addition, employers must provide employees with a SF PPLO form within a reasonable time after an employee informs them that they are expecting a newborn, foster child, or adopted child or if they inquire about paid family leave.
Employer Next Steps
Employers should be aware of the extended CA PFL and SF PPLO duration and ensure that any internal leave policies are updated accordingly. As discussed above, employers must continue to provide employees with the proper CA PFL notices and SF PPLO notices, as applicable.
- SF PPLO Website
- SF PPLO FAQs
- SF PPLO Step-by-Step Guide for Employers
- SF PPLO Instructions and Form (English)
- SF PPLO Poster (Not Updated with 8 Weeks)
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