Bill > A5208

Introduced Session

This bill increases the basic family leave insurance (FLI) weekly benefit payments to 100 percent of a worker's average weekly wage up to 100 percent of the Statewide average weekly wage. The bill increases, from 12 to 24 consecutive weeks, the maximum duration of family leave time that can be claimed for bonding with newborn or newly adopted children. The bill provides that in a case of an eligible individual electing to take more than the current maximum of 12 weeks of benefits, the department will determine a reduced weekly benefit rate for the weeks after the first 12 weeks by multiplying by 12 the individual's basic weekly benefit and dividing the resulting total amount by the total number of weeks of benefits that the individual elects to take (including the first 12 weeks of benefits), thus preventing any increase in the total amount of benefits paid. The bill provides that the rights provided by the Family Leave Act for leave takers to be reinstated after taking family leave would be extended beyond the usual maximum of 12 weeks in the case of an individual who elects, pursuant to the bill, to take additional leave for child bonding. The bill offsets the cost of increasing FLI basic benefit rates and permits a reduction of the FLI and temporary disability insurance (TDI) tax rates by making sufficient adjustments to the portion of total wages which are subject to workers' contributions to the State TDI fund and the FLI account of that fund. The bill provides that worker tax rates for TDI and FLI be determined on the basis of estimates of anticipated costs of benefits and administration without reference to amounts paid in previous years. The Department of Labor and Workforce Development (DOLWD) is required, before finalizing the tax rates, to report its proposed tax rates to the Joint Budget Oversight Committee (JBOC), which is required to review the proposed rates for compliance with the law and approve or disapprove them within 20 business days, and, if disapproved, provide alternative rates. The DOLWD is required to finalize rates upon approval by the JBOC, finalize alternative rates provided by the JBOC, or finalize the proposed rates at the end of the 20-day period if the JBOC takes no action. The bill designates the law's claims processing standards to be "requirements," not "goals," and requires that the report submitted to the JBOC on proposed tax rates include a plan to correct failures to meet the standards and that the proposed tax rates are sufficient to implement the plan. The DOLWD is directed to develop a survey in collaboration with the Department of Health to collect information on those taking continuous child bonding leave to gather data on various metrics including physical and emotional well-being and breastfeeding duration. The bill requires that anonymized survey data be made public by the Department of Health. Comprehensive paid parental leave is crucial for the well-being of children and families. There is much evidence that increasing to 24 weeks the maximum duration of leave for bonding with newborn or newly-adopted children will assist in improving breastfeeding rates, maternal and infant health metrics including postpartum depression symptoms, and long-term participation of women in the workforce. Raising the reimbursement rate for family leave underscores the social value of caregiving and may help address socio-economic gender disparities.

Committee Categories

Nancy Muñoz (R)*, 

Introduced, Referred to Assembly Labor Committee (on 01/16/2025)

Official Document