§ 3303.1. — 3303.1. (Amended by Stats. 2024, Ch. 949, Sec. 1.)

(a)
An individual is not eligible for family temporary disability insurance benefits with respect to any day that any of the following apply:
(1)
The individual has received, or is entitled to receive, unemployment compensation benefits under Part 1 (commencing with Section 100) or under an unemployment compensation act of any other state or of the federal government.
(2)
The individual has received, or is entitled to receive, “other benefits” in the form of cash benefits as defined in Section 2629.
(3)
The individual has received, or is entitled to receive, state disability
insurance benefits under Part 2 (commencing with Section 2601) or under a disability insurance act of any other state.
(4)
Another family member, as defined in Section 3302, is ready, willing, and able and available for the same period of time in a day that the individual is providing the required care or participating 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.
(b)
An individual who is entitled to leave under the FMLA and the CFRA shall take Family Temporary Disability Insurance (FTDI) leave concurrent with leave taken under the FMLA and the CFRA.
(c)
(1)
As a condition of an employee’s initial receipt of family temporary disability insurance benefits during any 12-month period in which an employee is eligible for these benefits, an employer may require an employee to take up to two weeks of earned but unused vacation leave prior to the employee’s initial receipt of these benefits.
(2)
This subdivision may not be construed in a manner that relieves an employer of any duty of collective bargaining the employer may have with respect to the subject matter of this subdivision.
(3)
This subdivision shall not apply to any period of disability commencing on or after January 1, 2025.

Legislative History

Amended by Stats. 2024, Ch. 949, Sec. 1. (AB 2123) Effective January 1, 2025.