Expanded Paid Leave Benefits Coming to California Employees

By Cepideh Roufougar

Jackson Lewis P.C.

Under the Family and Medical Leave Act, eligible employees are entitled to take time off due to a “qualifying exigency” arising from the deployment of the employee’s spouse, parent, or child for active military duty to a foreign country. Examples of “qualifying exigencies” include attendance at military events; making childcare arrangements arising from a military member’s covered active duty; making or updated financial and legal arrangements to attend a military member’s absence on covered active duty; and accompanying the military member during a rest and recuperation leave during deployment.

Currently California employees who wish to receive pay during leave for a qualifying exigency would need to use their own accrued vacation or paid time off hours. However, beginning Jan. 1, 2021, an employee can apply for wage replacement benefits from the State of California Paid Family Leave insurance program during such a leave. Employees applying for benefits may be required to provide a copy of any active duty orders or other documentation issued by the military to support a request for benefits.

***This article originally appeared on the Jackson Lewis’ Disability, Leave & Health Management blog and was reposted on the DMEC website with their permission.***