text:
(a) (1) The purpose of this chapter is to establish, within the state disability insurance program, a family temporary disability insurance program. Family temporary disability insurance shall provide up to eight weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, grandparent, grandchild, sibling, domestic partner, or designated person, to bond with a minor child within one year of 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.

(2) Nothing in this chapter shall be construed to abridge the rights and responsibilities conveyed under the California Family Rights Act or pregnancy disability leave.

(b) (1) An individual’s “weekly benefit amount” for periods of disability commencing before January 1, 2025, shall be the amount provided in Section 2655, and for periods of disability commencing on or after January 1, 2025, shall be the amount provided in paragraph (2). An individual is eligible to receive family temporary disability insurance benefits equal to one-seventh of the individual’s weekly benefit amount for each full day during which the individual is unable to work due to caring for a seriously ill or injured family member, bonding with a minor child within one year of the birth or placement of the child in connection with foster care or adoption, 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.

(2) For periods of disability commencing on or after January 1, 2025, the weekly benefit amount shall be as follows:

(A) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest is less than seven hundred twenty-two dollars and fifty cents ($722.50), then fifty dollars ($50).

(B) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest is more than 70 percent of the state average quarterly wage, the weekly benefit amount shall be equal to the greater of 70 percent of the wages paid to an individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest, divided by 13, but not exceeding the maximum workers’ compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code, or 63 percent of the state average weekly wage.

(C) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest is seven hundred twenty-two dollars and fifty cents ($722.50) or more, but 70 percent or less than the state average quarterly wage, then the weekly benefit amount shall be equal to 90 percent of the wages paid to an individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest, divided by 13, but not exceeding the maximum workers’ compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code.

(3) For purposes of this subdivision, “state average weekly wage” and “state average quarterly wage” have the same meanings as defined in subdivision (g) of Section 2655.

(c) The maximum amount payable to an individual during any disability benefit period for family temporary disability insurance shall be eight times the individual’s “weekly benefit amount,” but in no case shall the total amount of benefits payable be more than the total wages paid to the individual during the individual’s disability base period. If the benefit is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1).

(d) No more than eight weeks of family temporary disability insurance benefits shall be paid within any 12-month period.

(e) An individual shall file a claim for family temporary disability insurance benefits not later than the 41st consecutive day following the first compensable day with respect to which the claim is made for benefits, which time shall be extended by the department upon a showing of good cause. If a first claim is not complete, the claim form shall be returned to the claimant for completion and it shall be completed and returned not later than the 10th consecutive day after the date it was mailed by the department to the claimant, except that such time shall be extended by the department upon a showing of good cause.

(f) 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, and as of that date is repealed.

(g) This section shall become operative on July 1, 2028.

history: (History: Repealed (in Sec. 1) and added by Stats. 2025, Ch. 772, Sec. 2. (SB 590) Effective January 1, 2026. Conditionally operative on or before July 1, 2028, by its own provisions. Conditionally repealed by its own provisions.)


kind: section

code: UIC

text:
(a) (1) The purpose of this chapter is to establish, within the state disability insurance program, a family temporary disability insurance program. Family temporary disability insurance shall provide up to eight 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, to bond with a minor child within one year of 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.

(2) Nothing in this chapter shall be construed to abridge the rights and responsibilities conveyed under the California Family Rights Act or pregnancy disability leave.

(b) (1) An individual’s “weekly benefit amount” for periods of disability commencing before January 1, 2025, shall be the amount provided in Section 2655, and for periods of disability commencing on or after January 1, 2025, shall be the amount provided in paragraph (2). An individual is eligible to receive family temporary disability insurance benefits equal to one-seventh of the individual’s weekly benefit amount for each full day during which the individual is unable to work due to caring for a seriously ill or injured family member, bonding with a minor child within one year of the birth or placement of the child in connection with foster care or adoption, 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.

(2) For periods of disability commencing on or after January 1, 2025, the weekly benefit amount shall be as follows:

(A) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest is less than seven hundred twenty-two dollars and fifty cents ($722.50), then fifty dollars ($50).

(B) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest is more than 70 percent of the state average quarterly wage, the weekly benefit amount shall be equal to the greater of 70 percent of the wages paid to an individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest, divided by 13, but not exceeding the maximum workers’ compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code, or 63 percent of the state average weekly wage.

(C) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest is seven hundred twenty-two dollars and fifty cents ($722.50) or more, but 70 percent or less than the state average quarterly wage, then the weekly benefit amount shall be equal to 90 percent of the wages paid to an individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest, divided by 13, but not exceeding the maximum workers’ compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code.

(3) For purposes of this subdivision, “state average weekly wage” and “state average quarterly wage” have the same meanings as defined in subdivision (g) of Section 2655.

(c) The maximum amount payable to an individual during any disability benefit period for family temporary disability insurance shall be eight times the individual’s “weekly benefit amount,” but in no case shall the total amount of benefits payable be more than the total wages paid to the individual during the individual’s disability base period. If the benefit is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1).

(d) No more than eight weeks of family temporary disability insurance benefits shall be paid within any 12-month period.

(e) An individual may initiate the claims process up to 30 days in advance of the anticipated first compensable day. An individual shall file a claim for family temporary disability insurance benefits not later than the 41st consecutive day following the first compensable day with respect to which the claim is made for benefits, which time shall be extended by the department upon a showing of good cause. If a first claim is not complete, the claim form shall be returned to the claimant for completion and it shall be completed and returned not later than the 10th consecutive day after the date it was mailed by the department to the claimant, except that the time shall be extended by the department upon a showing of good cause.

(f) This section shall become operative when incorporated in the Employment Development Department’s integrated claims management system as part of the EDDNext project.

history: (History: Added by Stats. 2024, Ch. 876, Sec. 6. (SB 1090) Effective January 1, 2025. Conditionally operative by its own provisions.)

part: 2. DISABILITY COMPENSATION

chapter: 7. Paid Family Leave

path: 1. UNEMPLOYMENT AND DISABILITY COMPENSATION > 2. DISABILITY COMPENSATION > 7. Paid Family Leave


citation: UIC § 3302

text:
On and after July 1, 2014, for purposes of this part:

(a) “Care recipient” means the family member who is receiving care for a serious health condition or the new child with whom the care provider is bonding. For the purposes of a qualifying exigency as set forth in Section 3302.2, “care recipient” also includes the military member, or child or parent of the military member, who is receiving assistance, or the employee who is participating in a qualifying exigency.

(b) “Care provider” means the family member who is providing the required care for a serious health condition; the family member who is bonding with the new child; or the employee who is participating in a qualifying exigency as provided in Section 3302.2.

(c) “Child” means a biological, adopted, or foster son or daughter, a stepson or stepdaughter, a legal ward, a son or daughter of a domestic partner, or the person to whom the employee stands in loco parentis.

(d) “Domestic partner” has the same meaning as defined in Section 297 of the Family Code.

(e) “Family care leave” means any of the following:

(1) Leave to bond with a minor child within the first year of the child’s birth or placement in connection with foster care or adoption.

(2) Leave to care for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner who has a serious health condition.

(3) Leave to participate in a qualifying exigency as provided in Section 3302.2.

(f) “Family member” means child, parent, grandparent, grandchild, sibling, spouse, or domestic partner as defined in this section.

(g) “Grandchild” means a child of the employee’s child.

(h) “Grandparent” means a parent of the employee’s parent.

(i) “Military member” means a child, spouse, domestic partner, or parent of the employee, where the military member is on covered active duty or call to active duty in the Armed Forces of the United States as defined in subdivision (a) of Section 3302.1.

(j) “Parent” means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child.

(k) “Parent-in-law” means the parent of a spouse or a domestic partner.

(l) “Serious health condition” means an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential health care facility, or continuing treatment or continuing supervision by a health care provider, as defined in Section 12945.2 of the Government Code.

(m) “Sibling” means a person related to another person by blood, adoption, or affinity through a common legal or biological parent.

(n) “Spouse” means a partner to a lawful marriage.

(o) “Valid claim” means any claim for family temporary disability insurance benefits made in accordance with the provisions of this code, and any rules and regulations adopted thereunder, if the individual claiming benefits is unemployed and has been paid the necessary wages in employment for employers to qualify for benefits under Section 2652 and is caring for a seriously ill family member, or bonding with a minor child during the first year after the birth or placement of the child in connection with foster care or adoption.

(p) “Twelve-month period,” with respect to any individual, means the 365 consecutive days that begin with the first day the individual first establishes a valid claim for family temporary disability benefits.

(q) This section shall remain in effect only until July 1, 2028, and as of that date is repealed.

history: (History: Amended by Stats. 2025, Ch. 772, Sec. 3. (SB 590) Effective January 1, 2026. Repealed as of July 1, 2028, by its own provisions. See later operative version added by Sec. 4 of Stats. 2025, Ch. 772.)

division: 1. UNEMPLOYMENT AND DISABILITY COMPENSATION


text:
On and after July 1, 2028, for purposes of this part:

(a) “Care recipient” means the family member who is receiving care for a serious health condition or the new child with whom the care provider is bonding. For the purposes of a qualifying exigency as set forth in Section 3302.2, “care recipient” also includes the military member, or child or parent of the military member, who is receiving assistance, or the employee who is participating in a qualifying exigency.

(b) “Care provider” means the family member who is providing the required care for a serious health condition; the family member who is bonding with the new child; or the employee who is participating in a qualifying exigency as provided in Section 3302.2.

(c) “Child” means a biological, adopted, or foster son or daughter, a stepson or stepdaughter, a legal ward, a son or daughter of a domestic partner, or the person to whom the employee stands in loco parentis.

(d) “Designated person” means any care recipient related by blood or whose association with the individual is the equivalent of a family relationship.

(e) “Domestic partner” has the same meaning as defined in Section 297 of the Family Code.

(f) “Family care leave” means any of the following:

(1) Leave to bond with a minor child within the first year of the child’s birth or placement in connection with foster care or adoption.

(2) Leave to care for a child, parent, grandparent, grandchild, sibling, spouse, domestic partner, or designated person who has a serious health condition.

(3) Leave to participate in a qualifying exigency as provided in Section 3302.2.

(g) “Family member” means a child, parent, grandparent, grandchild, sibling, spouse, domestic partner, or designated person.

(h) “Grandchild” means a child of the employee’s child.

(i) “Grandparent” means a parent of the employee’s parent.

(j) “Military member” means a child, spouse, domestic partner, or parent of the employee, where the military member is on covered active duty or call to active duty in the Armed Forces of the United States as defined in subdivision (a) of Section 3302.1.

(k) “Parent” means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child.

(l) “Parent-in-law” means the parent of a spouse or a domestic partner.

(m) “Serious health condition” means an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential health care facility, or continuing treatment or continuing supervision by a health care provider, as defined in Section 12945.2 of the Government Code.

(n) “Sibling” means a person related to another person by blood, adoption, or affinity through a common legal or biological parent.

(o) “Spouse” means a partner to a lawful marriage.

(p) “Valid claim” means any claim for family temporary disability insurance benefits made in accordance with the provisions of this code, and any rules and regulations adopted thereunder, if the individual claiming benefits is unemployed and has been paid the necessary wages in employment for employers to qualify for benefits under Section 2652 and is caring for a seriously ill family member, or bonding with a minor child during the first year after the birth or placement of the child in connection with foster care or adoption.

(q) “Twelve-month period,” with respect to any individual, means the 365 consecutive days that begin with the first day the individual first establishes a valid claim for family temporary disability benefits.

(r) This section shall become operative on July 1, 2028.

history: (History: Repealed (in Sec. 3) and added by Stats. 2025, Ch. 772, Sec. 4. (SB 590) Effective January 1, 2026. Operative July 1, 2028, by its own provisions.)


text:
(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 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 become operative on January 1, 2021.

history: (History: Amended (as added by Stats. 2018, Ch. 849, Sec. 4) by Stats. 2019, Ch. 497, Sec. 270. (AB 991) Effective January 1, 2020. Section operative January 1, 2021, by its own provisions.)


text:
For purposes of this chapter, 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” means any of the following:

(a) Activities undertaken within seven calendar days from the date that a spouse, domestic partner, child, or parent has been notified of an impending call or order to covered active duty in the Armed Forces of the United States to address any issue that arises from the call or order.

(b) Attendance in either or both of the following:

(1) An official ceremony, program, or event sponsored by the military that is related to the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent.

(2) A family support or assistance program and informational briefing sponsored or promoted by the military, military service organizations, or the American Red Cross that is related to the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent.

(c) Any of the following activities related to the biological, adopted, or foster child, stepchild, legal ward, or child for whom the spouse, domestic partner, child, or parent in the Armed Forces of the United States stands in loco parentis, who is either not more than 18 years of age or, if equal to or more than 18 years of age, is incapable of self-care because of a disability at the time that the paid leave is to commence:

(1) Arranging for alternative childcare for the child when the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent in the Armed Forces of the United States necessitates a change in the existing childcare arrangement.

(2) Providing childcare for the child on an urgent, immediate need basis when the need to provide this care arises from the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent in the Armed Forces of the United States.

(3) Enrolling or transferring the child to a new school or day care facility when enrollment or transfer is necessitated by the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent in the Armed Forces of the United States.

(4) Attending meetings with staff at the child’s school or day care facility, including, but not limited to, meetings with school officials regarding disciplinary measures, parent-teacher conferences, or meetings with school counselors, when these meetings are necessary due to circumstances arising from the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent in the Armed Forces of the United States.

(d) To make financial and legal arrangements for either or both of the following purposes:

(1) Making or updating financial or legal arrangements to address the absence of the spouse, domestic partner, child, or parent in the Armed Forces of the United States while on covered active duty or call to covered active duty, including, but not limited to, preparing and executing financial and healthcare powers of attorney, transferring bank account signature authority, enrolling in the Defense Enrollment Eligibility Reporting System (DEERS), obtaining military identification cards, or preparing or updating a will or living trust.

(2) Acting as the representative of the spouse, domestic partner, child, or parent in the Armed Forces of the United States before a federal, state, or local agency for purposes of obtaining, arranging, or appealing military service benefits while the spouse, domestic partner, child, or parent in the Armed Forces of the United States is on covered active duty or call to covered active duty, and for a period of ninety days following the termination of the covered active duty.

(e) Attending counseling provided by someone other than a health care provider, for oneself, for the spouse, domestic partner, child, or parent in the Armed Forces of the United States, or for the biological, adopted, or foster child, a stepchild, or a legal ward of the spouse, domestic partner, child, or parent in the Armed Forces of the United States, or a child for whom this person stands in loco parentis, who is either not more than 18 years of age, or equal to or more than 18 years of age and incapable of self-care because of a disability at the time that paid family leave is to commence, provided that the need for counseling arises from the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent in the Armed Forces of the United States.

(f) Accompanying a spouse, domestic partner, child, or parent in the Armed Forces of the United States while that individual is on short-term, temporary, rest and recuperation leave during the period of deployment in a foreign country, provided that any leave taken for this purpose is for not more than 15 calendar days beginning on the date of commencement for the rest and recuperation leave.

(g) Attending arrival ceremonies, reintegration briefings and events, and any other official ceremony or program sponsored by the military for a period of 90 days following the termination of the covered active duty of the spouse, domestic partner, child, or parent in the Armed Forces of the United States.

(h) Addressing issues that arise from the death of the spouse, domestic partner, child, or parent in the Armed Forces of the United States while on covered active duty status, including meeting and recovering the body of the spouse, domestic partner, child, or parent in the Armed Forces of the United States, making funeral arrangements, and attending funeral services.

(i) (1) Any of the following activities related to the parent of the spouse, domestic partner, child, or parent in the Armed Forces of the United States while the parent of the spouse, domestic partner, child, or parent in the armed forces during covered active duty is incapable of self-care by requiring active assistance or supervision over daily self-care in three or more of the activities of daily living or instrument activities of daily living:

(A) Arranging for alternative care for the parent of the spouse, domestic partner, child, or parent in the Armed Forces of the United States when the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent in the Armed Forces of the United States necessitates a change in the existing care arrangement for the parent.

(B) Providing care for the parent who is incapable of self-care on an urgent, immediate need basis when the need to provide this care arises from the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent in the Armed Forces of the United States.

(C) Admitting or transferring the parent to a care facility when admission or transfer is necessitated by the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent in the Armed Forces of the United States.

(D) Attending meetings with staff at the parent’s care facility, including, but not limited to, meetings with hospice or social service providers of the parent of the spouse, domestic partner, child, or parent in the Armed Forces of the United States when these meetings are necessary due to circumstances arising from the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent in the Armed Forces of the United States.

(2) For purposes of this subdivision, “activities of daily living” include adaptive activities, such as caring appropriately for one’s grooming and hygiene, bathing, dressing, and eating. Instrumental activities of daily living include, but are not limited to, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, and using a post office.

(j) Any other activities to address other events that arise out of the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent in the Armed Forces of the United States, provided that the employer and employee agree that this leave shall qualify as an exigency, and agree to both the timing and duration of this leave.

(k) This section shall become operative on January 1, 2021.

history: (History: Added by Stats. 2018, Ch. 849, Sec. 5. (SB 1123) Effective January 1, 2019. Section operative January 1, 2021, by its own provisions.)


citation: UIC § 3303

text:
(a) On and after July 1, 2014, only if the director makes both of the findings described in subdivision (b), an individual shall be deemed eligible for family temporary disability insurance benefits equal to one-seventh of their weekly benefit amount on any day in which the individual is unable to perform their regular or customary work because of any of the following:

(1) The individual is bonding with a minor child during the first year after the birth or placement of the child in connection with foster care or adoption.

(2) The individual is caring for a seriously ill child, parent, grandparent, grandchild, sibling, spouse, or domestic partner.

(3) The individual is 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 shall be deemed eligible for family temporary disability insurance benefits described in subdivision (a) only if the director finds both of the following:

(1) The individual has made a claim for temporary disability benefits as required by authorized regulations.

(2) The individual has filed a certificate, as required by Sections 2708 and 2709, or for purposes of 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, has provided the information requested pursuant to Section 3307.

(c) This section shall remain in effect only until July 1, 2028, and as of that date is repealed.

history: (History: Amended by Stats. 2025, Ch. 772, Sec. 5. (SB 590) Effective January 1, 2026. Repealed as of July 1, 2028, by its own provisions. See later operative version added by Sec. 6 of Stats. 2025, Ch. 772.)


text:
(a) On and after July 1, 2028, only if the director makes both of the findings described in subdivision (b), an individual shall be deemed eligible for family temporary disability insurance benefits equal to one-seventh of their weekly benefit amount on any day in which the individual is unable to perform their regular or customary work because of any of the following:

(1) The individual is bonding with a minor child during the first year after the birth or placement of the child in connection with foster care or adoption.

(2) (A) The individual is caring for a seriously ill child, parent, grandparent, grandchild, sibling, spouse, domestic partner, or designated person.

(B) When an individual requests for the first time family temporary disability insurance benefits to care for a designated person, the individual shall do both of the following:

(i) The individual shall identify the designated person.

(ii) The individual shall, under penalty of perjury, attest to either of the following:

(I) How the individual is related by blood to the designated person.

(II) How the individual’s association with the designated person is the equivalent of a family relationship.

(3) The individual is 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 shall be deemed eligible for family temporary disability insurance benefits described in subdivision (a) only if the director finds both of the following:

(1) The individual has made a claim for temporary disability benefits as required by authorized regulations.

(2) The individual has filed a certificate, as required by Sections 2708 and 2709, or for purposes of 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, has provided the information requested pursuant to Section 3307.

(c) This section shall become operative on July 1, 2028.

history: (History: Repealed (in Sec. 5) and added by Stats. 2025, Ch. 772, Sec. 6. (SB 590) Effective January 1, 2026. Operative July 1, 2028, by its own provisions.)


text:
(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.

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


citation: UIC § 3304

text:
(a) Eligible workers shall receive benefits in accordance with provisions established under this division.

(b) This section shall remain in effect only until Section 3304.5 is incorporated in the Employment Development Department’s integrated claims management system as part of the EDDNext project, and as of that date is repealed.

history: (History: Amended by Stats. 2024, Ch. 876, Sec. 7. (SB 1090) Effective January 1, 2025. Conditionally operative by its own provisions. Repealed conditionally by its own provisions.)


text:
(a) The department shall issue the initial payment for family temporary disability insurance benefits under this chapter to a monetarily eligible claimant who is otherwise determined by the department as eligible to receive those benefits within 14 days of receipt of the claimant’s properly completed first family temporary disability insurance claim or as soon as eligibility begins, whichever occurs later.

(b) This section shall become operative when incorporated into the Employment Development Department’s integrated claims management system as part of the EDDNext project.

history: (History: Added by Stats. 2024, Ch. 876, Sec. 8. (SB 1090) Effective January 1, 2025. Conditionally operative by its own provisions.)


citation: UIC § 3305

text: If the director finds that any individual falsely certifies the medical condition of any person in order to obtain family temporary disability insurance benefits, with the intent to defraud, whether for the maker or for any other person, the director shall assess a penalty against the individual in the amount of 25 percent of the benefits paid as a result of the false certification. The provisions of Article 8 (commencing with Section 1126) of Chapter 4 of Part 1, with respect to assessments, the provisions of Article 9 (commencing with Section 1176) of Chapter 4 of Part 1, with respect to refunds, and the provisions of Chapter 7 (commencing with Section 1701) of Part 1, with respect to collections, shall apply to the assessments provided by this section. Penalties collected under this section shall be deposited in the contingent fund.

history: (History: Amended by Stats. 2004, Ch. 183, Sec. 343. Effective January 1, 2005.)


citation: UIC § 3306

text:
(a) The director may request additional medical evidence to supplement the first or any continued claim if the additional evidence can be procured without additional cost to the care recipient. The director may require that the additional evidence include any or all of the following information:

(1) Identification of diagnoses.

(2) Identification of symptoms.

(3) A statement setting forth the facts of the care recipient’s serious health condition that warrants the participation of the employee. The statement shall be completed by any of the following people:

(A) The physician or practitioner treating the care recipient.

(B) The registrar, authorized medical officer, or other duly authorized official of the hospital or health facility treating the care recipient.

(C) An examining physician or other representative of the department.

(b) Except as provided in Section 2709, the director may require the care recipient to submit to reasonable examinations for the purpose of determining all of the following:

(1) Whether a serious health condition exists.

(2) Whether a care provider’s participation is warranted.

(3) The period of time that the care provider’s participation is warranted.

history: (History: Added by Stats. 2003, Ch. 797, Sec. 27. Effective January 1, 2004. Benefits payable on or after July 1, 2004, as prescribed by Sec. 28 of Ch. 797.)


citation: UIC § 3307

text:
(a) When an employee requests for the first time leave because of a qualifying exigency arising out of the covered active duty or call to covered active duty or notification of an impending call or order to covered active duty of the employee’s spouse, domestic partner, child, or parent in the Armed Forces of the United States, the department may require the employee to provide a copy of the covered active duty orders or other documentation issued by the military that indicates that the employee’s spouse, domestic partner, child, or parent is in the Armed Forces of the United States, is on covered active duty or call to covered active duty status, and the dates of the covered active duty service. This information need only be provided to the department. A copy of new active duty orders or other documentation issued by the military may be required by the department if the need for leave because of a qualifying exigency arises out of a different covered active duty or call to covered active duty or notification of an impending call or order to covered active duty of the same or a different eligible family member.

(b) The department may require that a request for paid family leave for any qualifying exigency specified in Section 3302.2 be supported by sufficient information from the employee that sets forth the following:

(1) A statement or description, signed by the employee, of appropriate facts regarding the qualifying exigency for which paid family leave is requested. The facts shall be sufficient to support the need for leave and may include information on the type of qualifying exigency for which leave is requested and any available written documentation that supports the request for leave. For example, this information may include a copy of a meeting announcement for informational briefings sponsored by the military, a document confirming an appointment with a counselor or school official, or a copy of a bill for services for the handling of legal or financial affairs.

(2) The approximate date of the commencement or pending commencement of the qualifying exigency.

(3) If an employee requests leave because of a qualifying exigency for a single, continuous period of time, the beginning and end dates for that leave.

(4) If an employee requests leave because of a qualifying exigency on an intermittent basis, an estimate of the frequency and duration of the qualifying exigency.

(5) If the qualifying exigency involves meeting with a third party, appropriate contact information for the individual or entity with whom the employee is meeting, including, but not limited to, the name, title, organization, address, telephone number, fax number, and email address, if available, and a brief description of the purpose of the meeting.

(6) If the qualifying exigency involves rest and recuperation leave, a copy of the rest and recuperation orders for the employee’s spouse, domestic partner, child, or parent in the Armed Forces of the United States, or other documentation issued by the military that indicates that this person has been granted rest and recuperation leave, and the dates of that rest and recuperation leave.

(c) If an employee submits complete and sufficient information to support the employee’s request for leave because of a qualifying exigency, the department may not request additional information from the employee. However, if the qualifying exigency involves meeting with a third party, the department may contact the individual or entity with whom the employee is meeting for purposes of verifying a meeting or appointment schedule and the nature of the meeting between the employee and the specified individual or entity. The employee’s permission is not required in order to verify meetings or appointments with third parties, but no additional information may be requested by the department. The department also may contact an appropriate unit of the Department of Defense to request verification that an individual is on covered active duty or call to covered active duty or has been notified of an impending call or order to covered active duty. No additional information may be requested, and the employee’s permission is not required.

(d) This section shall become operative on January 1, 2021.

history: (History: Amended by Stats. 2020, Ch. 348, Sec. 2. (AB 2399) Effective January 1, 2021. Section operative January 1, 2021, by its own provisions.)


citation: UIC § 3308

text:
(a) In addition to English, the department shall distribute the application for family temporary disability insurance benefits in all non-English languages spoken by a substantial number of non-English-speaking applicants. As used in this section, “substantial number of non-English-speaking applicants” has the same meaning as “substantial number of non-English-speaking people” is defined in Section 7296.2 of the Government Code.

(b) This section shall become operative on January 1, 2025.

history: (History: Added by Stats. 2019, Ch. 386, Sec. 1. (AB 406) Effective January 1, 2020. Section operative January 1, 2025, by its own provisions.)


citation: UIC § 3501

text: The purpose of this part is to compensate in part for the added wage loss sustained by individuals because of the extended duration of unemployment during prolonged periods of cyclical and technological unemployment in California. This part may be cited as the “Miller-Collier Act.”

history: (History: Added by Stats. 1959, Ch. 2035.)

part: 3. EXTENDED UNEMPLOYMENT COMPENSATION

chapter: 1. General Provisions

path: 1. UNEMPLOYMENT AND DISABILITY COMPENSATION > 3. EXTENDED UNEMPLOYMENT COMPENSATION > 1. General Provisions


citation: UIC § 3502

text:
(a) Except as otherwise provided, the provisions and definitions of Part 1 of this division apply to this part. In case of any conflict between the provisions of Part 1 and the provisions of this part, the provisions of this part shall prevail with respect to extended unemployment compensation.

(b) Except as otherwise provided, subdivision (d) of Section 1253, and Sections 1030, 1032, 1254, 1277, 1281, 1327, 1328, 1329, 1330, and 1331 do not apply to this part.

(c) The provisions of Part 2 of this division do not apply to this part.


citation: UIC § 3503

text:
For the purposes of this part:

(a) “Extended duration benefits” means the extended unemployment compensation benefits payable under this part.

(b) “Normal benefits” means the unemployment compensation benefits payable under Part 1 (commencing with Section 100) of this division.

(c) “Exhaustee” means an individual who is not entitled to normal benefits due to either of the following:

(1) He or she has an unexpired benefit year and has exhausted his or her normal benefits.

(2) His or her most recent benefit year expired in the week in which he or she filed a primary claim or in the immediately preceding 13 calendar weeks and he or she is not entitled to establish a benefit year.

(d) “Insured unemployment rate” for a week means the percentage arrived at by dividing:

(1) The average weekly number of individuals filing claims for regular compensation for weeks of unemployment with respect to the period consisting of the week and the immediately preceding 12 weeks, by

(2) The average monthly covered employment for the same period.

The director shall interpret this definition in accordance with regulations and guidelines prescribed by the United States Secretary of Labor which are applicable to subdivision (e) of Section 203 of the federal act.

(e) “Extended benefit period” means the period beginning with the third week after the first week for which there is an “on” indicator, and ending with the third week after the first week for which there is an “off” indicator, except no extended benefit period shall last for a period of less than 13 consecutive weeks and no extended benefit period may begin before the 14th week after the close of a prior extended benefit period. There is an “on” indicator for a week if the insured unemployment rate equals or exceeds 6 percent. There is an “off” indicator for a week if the insured unemployment rate is less than 6 percent.

(f) “Primary claim” means the first claim for extended duration benefits filed by an exhaustee with an effective date within an extended benefit period for the purpose of establishing an extended duration award and an extended duration period.

(g) “Extended duration award” means the maximum amount of extended duration benefits allowable under this part to an eligible exhaustee.

(h) “Extended duration period” means a period beginning with the first day of the week with respect to which an exhaustee filed a valid primary claim and ending with the last week which begins on or before the last day of the fifth calendar month following the calendar month which contains the extended duration week or a major portion of the extended duration week in which the valid primary claim was filed.

(i) “Parent benefit year” means the benefit year with respect to which an individual becomes an exhaustee.

(j) “Federal act” means the “Federal-State Extended Unemployment Compensation Act of 1970”.

history: (History: Amended by Stats. 1982, Ch. 1073, Sec. 3.)


citation: UIC § 3504

text: The director shall during the week immediately preceding each calendar week compute the insured unemployment rate for that calendar week. The computation shall be a public record.

history: (History: Amended by Stats. 1982, Ch. 1073, Sec. 4.)


citation: UIC § 3505

text:
(a) Notwithstanding any other provision of this part, no payment of extended duration benefits shall be made to any individual for any week or part of any week with respect to which he is entitled to receive unemployment compensation benefits as a result of participation by this state pursuant to the provision of any federal law providing for the payment of such benefits or as a result of the application in any other manner to this state of any federal law providing for the payment of such benefits.

(b) With respect to weeks commencing on or after November 29, 1970, this subdivision shall apply and subdivision (a) of this section shall not apply to benefits under the “Federal-State Extended Unemployment Compensation Act of 1970”.

(1) Notwithstanding any other provision of this part, if an individual would have rights to receive benefits under the federal act within an “extended benefit period” under the federal act, the director shall cancel such individual’s rights to extended duration benefits within that “extended benefit period”.

(2) A cancellation under this section does not affect extended duration benefits paid with respect to a week preceding such cancellation.

(3) Notwithstanding a cancellation under this section, an individual otherwise qualified for extended duration benefits during an “extended benefit period” under the federal act, may, upon the expiration of his “eligibility period” specified by the federal act, establish rights to, and be paid, extended duration benefits subject to the following conditions:

(A) If the individual has filed a primary claim in the “extended benefit period”, under the federal act, he may reestablish his extended duration benefit rights, if the extended duration period would not have expired.

(B) If the individual has not filed a primary claim in the “extended benefit period”, under the federal act, and he has claimed benefits pursuant to the federal act during an extended duration week in such “extended benefit period”, he may file a primary claim effective with that extended duration week, if the extended duration period would not have expired.

(C) If the individual has not filed a primary claim in the “extended benefit period”, under the federal act, and he has claimed benefits pursuant to the federal act but not during an extended duration week in such “extended benefit period”, he may file a primary claim in an extended duration week.

(D) The individual shall not be paid extended duration benefits for any week for which he receives federal benefits.

(4) An individual may be paid extended duration benefits with respect to a parent benefit year only to the extent that the total amount of such extended duration benefits and benefits paid under the federal act since the beginning of such parent benefit year does not exceed 13 times his weekly benefit amount or one-half of the maximum amount of normal benefits payable to him during that parent benefit year, whichever is the lesser.

history: (History: Amended by Stats. 1970, Ch. 1156.)


citation: UIC § 3506

text: Notwithstanding any other provision of this part, the Governor may, if permitted by federal law, suspend the payment of extended duration benefits under this part, to the extent necessary to ensure that otherwise eligible individuals are not denied, in whole or in part, the receipt of emergency unemployment compensation benefits authorized by the federal Emergency Unemployment Compensation Act of 1991 (P.L. 102-164) or any extension of that act, including, but not limited to, Public Law 102-244, and that the state receives maximum reimbursement from the federal government for the payment of those emergency benefits.

history: (History: Added by Stats. 1992, Ch. 22, Sec. 1. Effective April 1, 1992.)


citation: UIC § 3551

text: Extended duration benefits are payable from the Unemployment Fund to unemployed individuals who are eligible under this part.

chapter: 2. Extended Duration Benefits

article: 1. Eligibility and Disqualifications

path: 1. UNEMPLOYMENT AND DISABILITY COMPENSATION > 3. EXTENDED UNEMPLOYMENT COMPENSATION > 2. Extended Duration Benefits > 1. Eligibility and Disqualifications


citation: UIC § 3552

text:
An unemployed individual is eligible to receive extended duration benefits with respect to any week only if the director finds that:

(a) An extended duration award has been established for the individual.

(b) The week is:

(1) Within the extended duration period of the award; and

(2) Within an extended benefit period.

(c) He or she meets the eligibility requirements of Part 1 (commencing with Section 100) of this division, except those excluded under subdivision (b) of Section 3502.

(d) He or she is not subject to disqualification, and is not under disqualification for normal benefits, under any provision of Part 1 (commencing with Section 100) of this division.

(e) He or she had earnings from employment subject to the provisions of this division which exceed 40 times his or her most recent weekly benefit amount in the base period in which he or she exhausted all rights to regular compensation.

For the purpose of this section “wages” includes wages due to an individual but unpaid within the time limit provided by law.

(f) During any week within an extended benefit period under the federal act, the provisions of subdivision (d) of Section 4552 and Sections 4553, 4554, 4555, and 4556 shall apply to claims filed under this part.

history: (History: Amended by Stats. 1983, Ch. 761, Sec. 7.)

article: 1. Eligibility and Disqualifications


citation: UIC § 3553

text: The filing of a valid primary claim by an exhaustee shall constitute an election by him to claim extended duration benefits to the exclusion of filing a new claim for normal benefits for any week of unemployment subsequent to the filing of such primary claim for which extended duration benefits are payable to him.

article: 1. Eligibility and Disqualifications


citation: UIC § 3601

text: An exhaustee’s weekly benefit amount under an extended duration award shall be the same as his weekly benefit amount for the parent benefit year.

article: 2. Computation (Amount and Duration)

path: 1. UNEMPLOYMENT AND DISABILITY COMPENSATION > 3. EXTENDED UNEMPLOYMENT COMPENSATION > 2. Extended Duration Benefits > 2. Computation (Amount and Duration)


citation: UIC § 3602

text: An exhaustee’s extended duration award during any one extended duration period shall be 13 times his weekly benefit amount or one-half of the maximum amount of normal benefits payable to him during his parent benefit year, whichever is the lesser.

article: 2. Computation (Amount and Duration)


citation: UIC § 3603

text: Only one extended duration award may be established for an exhaustee based on any one parent benefit year.

article: 2. Computation (Amount and Duration)


citation: UIC § 3651

text: Claims for extended duration benefits shall be made as provided in this article.

path: 1. UNEMPLOYMENT AND DISABILITY COMPENSATION > 3. EXTENDED UNEMPLOYMENT COMPENSATION > 2. Extended Duration Benefits > 3. Filing, Determination, and Payment of Extended Duration Benefit Claims


citation: UIC § 3652

text: An exhaustee who desires to claim extended duration benefits shall file a valid primary claim. A primary claim for extended duration benefits shall be valid only if its effective date is within an extended benefit period and the individual filing it is an unemployed exhaustee. For the purpose of determining whether a primary claim is a “valid primary claim” within the meaning of this section, an individual otherwise unemployed shall be deemed unemployed even though wages, as defined in Section 1252, which are for a period subsequent to the termination of performance of services are payable with respect to the week for which the individual files the claim.

history: (History: Amended by Stats. 1982, Ch. 1073, Sec. 6.)

article: 3. Filing, Determination, and Payment of Extended Duration Benefit Claims


citation: UIC § 3653

text: The effective date of a valid primary claim shall be determined in the same manner as the effective date of a new claim for normal benefits pursuant to Section 1326.


citation: UIC § 3654

text: The department shall give a notice of the filing of a primary claim or an additional claim to the employing unit by which the exhaustee was last employed immediately preceding the filing of the claim unless the additional claim is the result of the filing of a partial claim as defined by the department, there has not been a subsequent employing unit which is designated as the last employer, and there is no separation issue. The employing unit so notified shall submit within 10 days after the mailing of the notice any facts then known which may affect the exhaustee’s eligibility for extended duration benefits. The 10-day period may be extended for good cause. If after the 10-day period the employing unit acquires knowledge of facts which may affect the eligibility of the exhaustee and those facts could not reasonably have been known within the period, the employing unit shall within 10 days of acquiring that knowledge submit those facts to the department, and the 10-day period may also be extended for good cause.

history: (History: Amended by Stats. 1985, Ch. 716, Sec. 5.)


text:
(a) For the purpose of determining whether an unemployed individual meets the eligibility requirements of subdivision (e) of Section 3552, the director may pursuant to his authorized regulations require that wage and employment information shall be submitted to the director, within 10 days after the mailing of a request by the director, by any or all of the following:

(1) Each employing unit subsequent to the end of the base period of the new claim and prior to the effective date of a valid primary claim for extended duration benefits.

(2) Each employing unit in the four quarters immediately preceding the beginning of the base period of the new claim.

(b) The 10-day period may be extended for good cause.

history: (History: Amended by Stats. 1977, Ch. 1252.)


text: Any employing unit who fails to furnish wage information requested by the director pursuant to Section 3654.1 shall be subject to a penalty of ten dollars ($10) for each such report not submitted. The director shall assess the penalty and the provisions of Part 1 (commencing with Section 100) of this division with respect to assessments, refunds, and collections shall apply. Penalties collected under this section shall be deposited in the Unemployment Fund.


text: If any employing unit fails to respond to a request for wage information within the period prescribed by Section 3654.1, the director shall make a determination based upon available information.


text:
(a) The department shall consider the facts submitted by an employing unit pursuant to Section 3654.1 and make a determination as to the exhaustee’s eligibility for extended duration benefits under subdivision (e) of Section 3552. The department shall promptly notify the exhaustee and any employing unit who prior to the determination has submitted any facts pursuant to Section 3654.1 of the determination and the reasons therefor. The exhaustee and the employing unit may appeal therefrom to an administrative law judge within 30 days from service of notice of the determination. The 30-day period may be extended for good cause. The director shall be an interested party to any appeal.

(b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect.

(c) This section shall become operative on July 1, 2015.

history: (History: Amended by Stats. 2022, Ch. 67, Sec. 34. (SB 191) Effective June 30, 2022.)


citation: UIC § 3655

text:
(a) The Employment Development Department shall consider the facts submitted by an employer pursuant to Section 3654 and, if benefits are claimed subsequent to the filing of the extended duration benefits claim, make a determination as to the exhaustee’s eligibility for the extended duration benefits. The Employment Development Department shall promptly notify the exhaustee and any employer who prior to the determination has submitted any facts pursuant to Section 3654 of the determination and the reasons therefor. The exhaustee and the employer may appeal therefrom to an administrative law judge within 30 days from service of notice of the determination. The 30-day period may be extended for good cause. The Director of Employment Development shall be an interested party to any appeal.

(b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect.

(c) This section shall take effect on July 1, 2015.

history: (History: Amended by Stats. 2022, Ch. 67, Sec. 35. (SB 191) Effective June 30, 2022.)


citation: UIC § 3656

text:
(a) Upon the filing of a valid primary claim by an exhaustee, the department shall promptly make an extended duration award computation that shall set forth the maximum amount of extended duration benefits potentially payable during the extended duration period, the weekly benefit amount, and the expiration date of the extended duration period. The department shall promptly notify the exhaustee of the computation. The exhaustee may, within 30 days after the service of the notice of computation, protest its accuracy. The 30-day period may be extended for good cause. The department shall consider the protest and shall promptly notify the exhaustee of the recomputation or denial of recomputation. An appeal may be taken from a notice of denial of recomputation in the manner prescribed in Section 3655. The director shall be an interested party to any appeal.

(b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect.

(c) This section shall take effect on July 1, 2015.

history: (History: Amended by Stats. 2022, Ch. 67, Sec. 36. (SB 191) Effective June 30, 2022.)


citation: UIC § 3701

text:
(a) (1) An employer that is entitled under Section 3654 to notice of the filing of a primary claim or additional claim and that, within 10 days after mailing of the notice, submits to the department any facts within its possession disclosing whether the exhaustee left the most recent employment with the employer voluntarily and without good cause or was discharged from the employment for misconduct connected with their work, or whether the claimant was a student employed on a temporary basis and whose employment began within, and ended with their leaving to return to school at the close of, their vacation period, or whether the claimant left the employer’s employ to accompany their spouse or domestic partner to a place or join their spouse at a place from which it is impractical to commute to the employment, and to which a transfer of the claimant by the employer is not available, or whether the claimant’s discharge or quit from their most recent employer was the result of an irresistible compulsion to use or consume intoxicants, including alcoholic beverages, or whether the claimant left the employer’s employ to protect their family or themselves from domestic violence abuse, or whether the claimant left the employer’s employ to take a substantially better job, shall be entitled to a ruling as prescribed by this section. The period during which the employer may submit these facts may be extended by the director for good cause.

(2) For purposes of this section, “spouse” includes a person to whom marriage is imminent, and “domestic partner” includes a person to whom a domestic partnership, as described in Section 297 of the Family Code, is imminent.

(b) The department shall consider these facts together with any information in its possession. If the employer is entitled to a determination pursuant to Section 3655, the department shall promptly notify the employer of its ruling as to the cause of the termination of the exhaustee’s most recent employment. The employer may appeal from a ruling or reconsidered ruling to an administrative law judge within 30 days after service of notice of the ruling or reconsidered ruling. The 30-day period may be extended for good cause, which shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. The director shall be an interested party to an appeal. The department may for good cause reconsider a ruling or reconsidered ruling within either five days after the date an appeal to an administrative law judge is filed or, if an appeal is not filed, within 30 days after service of notice of the ruling or reconsidered ruling, except that a ruling or reconsidered ruling that related to a determination that is reconsidered pursuant to subdivision (a) of Section 1332 may also be reconsidered by the department within the time provided for reconsideration of that determination.

(c) For purposes of this section only, if the claimant voluntarily leaves the employer’s employ without notification to the employer of the reasons therefor, and if the employer submits all of the facts within its possession concerning the leaving within the applicable time period referred to in this section, the leaving shall be presumed to be without good cause.

(d) An individual whose employment is terminated under the compulsory retirement provisions of a collective bargaining agreement to which the employer is a party shall not be deemed to have voluntarily left their employment without good cause.

(e) Rulings under this section shall have the effect prescribed by Section 1032.

(f) This section shall become operative on July 1, 2015.

history: (History: Amended by Stats. 2022, Ch. 67, Sec. 37. (SB 191) Effective June 30, 2022.)

article: 4. Reserve Accounts

path: 1. UNEMPLOYMENT AND DISABILITY COMPENSATION > 3. EXTENDED UNEMPLOYMENT COMPENSATION > 2. Extended Duration Benefits > 4. Reserve Accounts


citation: UIC § 3702

text: Extended duration benefits, to the extent that such extended duration benefits are not reimbursed or reimbursable by the federal government to the State of California, shall be charged except as provided by Section 1032, 1032.5, 1034, 1036, 1335, 1338, or 1380, against the reserve account of the exhaustee’s employer during his or her base period. If the individual performed services in employment for more than one employer during his or her base period, unemployment compensation benefits paid to him or her shall be charged against the respective reserve accounts of such employers in the proportion that the total wages paid to the individual in employment for each employer bears to the total wages paid to the individual in employment for all employers during the base period.

history: (History: Amended by Stats. 1983, Ch. 1169, Sec. 8.)

article: 4. Reserve Accounts


citation: UIC § 3751

text:
The provisions of Article 4 (commencing with Section 1375) of Chapter 5 of Part 1 of this division are modified in the following respects:

(a) In the absence of fraud, misrepresentation, or willful nondisclosure, the notice of overpayment of extended duration benefits shall be served by the Employment Development Department not later than one year after the close of the extended duration period in which the overpayment was made.

(b) The Director of Employment Development may offset an overpayment of extended duration benefits, or federal-state extended benefits, or unemployment compensation benefits against any of such three types of benefits or against disability benefits to which the liable person may become entitled under this division. The Director of Employment Development may offset the amount of any such overpayments within any of the periods prescribed by subdivision (b) of Section 1379, and further within the current extended duration period or current extended benefit period established under Part 4 (commencing with Section 4001) of this division or any extended benefit period or any extended duration period which begins during the three-year period next succeeding the date of the service of such notice of overpayment.

history: (History: Amended by Stats. 2022, Ch. 67, Sec. 38. (SB 191) Effective June 30, 2022.)

article: 5. Overpayments

path: 1. UNEMPLOYMENT AND DISABILITY COMPENSATION > 3. EXTENDED UNEMPLOYMENT COMPENSATION > 2. Extended Duration Benefits > 5. Overpayments


citation: UIC § 4001

text: The purpose of this part is to provide that payment of extended compensation, in accordance with the “Federal-State Extended Unemployment Compensation Act of 1970”, as amended by the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35), shall be made, for any week of unemployment which begins in the individual’s eligibility period, to individuals who have exhausted all rights to regular compensation under this division and who have no rights to regular compensation with respect to such week under this division or any other state unemployment compensation law or to compensation under any other federal law. For purposes of this section, an individual shall have exhausted his rights to regular compensation under any state law (A) when no payments of regular compensation can be made under such law because such individual has received all regular compensation available to him based on wage credits for his base period, or (B) when his rights to such compensation have terminated by reason of the expiration of the benefit year with respect to which such rights existed. Except where inconsistent with the provisions of the “Federal-State Extended Unemployment Compensation Act of 1970”, as amended by the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35), the terms and conditions of this division which apply to claims for regular compensation and to the payment thereof shall apply to claims for extended compensation and to the payment thereof under such federal act. This part shall be operative on September 25, 1982, and extended compensation shall be payable as provided by the Federal-State Extended Unemployment Compensation Act of 1970, as amended by the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35), subject to limitations provided by that act, with respect to weeks of unemployment and extended benefit periods beginning after September 25, 1982. The provisions of this section in effect prior to the amendments by the Omnibus Budget Reconciliation Act of 1981 shall continue to apply to weeks beginning after November 28, 1970, and before September 25, 1982.

history: (History: Amended by Stats. 1982, Ch. 1072, Sec. 6. Effective September 15, 1982.)

part: 4. FEDERAL-STATE EXTENDED COMPENSATION

path: 1. UNEMPLOYMENT AND DISABILITY COMPENSATION > 4. FEDERAL-STATE EXTENDED COMPENSATION > 1. General Provisions


citation: UIC § 4002

text:
(a) Except as otherwise provided, the provisions and definitions of Part 1 (commencing with Section 100) apply to this part. In case of any conflict between the provisions of Part 1 and the provisions of this part, the provisions of this part shall prevail with respect to federal-state extended benefits.

(b) Except as otherwise provided, subdivision (d) of Section 1253, and Sections 1030, 1032, 1254, 1277, 1281, 1327, 1328, 1329, 1330, and 1331 do not apply to this part.

(c) The provisions of Part 2 (commencing with Section 2601) of, and of Part 3 (commencing with Section 3501) do not apply to this part.

history: (History: Amended by Stats. 1985, Ch. 1488, Sec. 5.)


citation: UIC § 4003

text:
(a) The provisions and definitions of terms in the Federal-State Extended Unemployment Compensation Act of 1970, as amended by the federal Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35), apply to this part. “Federal-state extended benefits” means benefits payable under this part.

(b) (1) To the extent that the provisions and definitions of terms in the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) are in effect in federal law and are in conflict with, or supplement the provisions and definitions applicable pursuant to subdivision (a), the provisions and definitions of the American Recovery and Reinvestment Act of 2009 shall apply to this part.

(2) To the extent that the provisions and definitions of terms in the federal Families First Coronavirus Response Act (Public Law 116-127) are in effect in federal law and are in conflict with, or supplement the provisions and definitions applicable pursuant to, subdivision (a), the provisions and definitions of the federal Families First Coronavirus Response Act shall apply to this part.

(c) There is an “on” indicator for purposes of federal-state extended benefits for a week if one of the following applies:

(1) The rate of insured unemployment under this part for the period consisting of that week and the 12 weeks immediately preceding the week equaled or exceeded 120 percent of the average of the rates for the corresponding 13-week period ending in each of the preceding two calendar years, and equaled or exceeded 5 percent.

(2) The rate of insured unemployment under this part for the period consisting of that week and the 12 weeks immediately preceding the week equaled or exceeded 6 percent, regardless of the rate of insured unemployment in the two previous years.

(3) With respect to weeks of unemployment beginning on or after February 1, 2009, and continuing until the week ending four weeks prior to the last week for which 100 percent federal sharing is authorized by subdivision (a) of Section 2005 of Public Law 111-5 for all claims, except for reimbursable entities described in Section 3306(c)(7) of the Internal Revenue Code, both of the following apply:

(A) The average rate of total unemployment in this state, seasonally adjusted, as determined by the United States Secretary of Labor, for the period consisting of the most recent three months for which data for all states are published before the close of that week, equals or exceeds 6.5 percent.

(B) The average rate of total unemployment in this state, seasonally adjusted, as determined by the United States Secretary of Labor, for the three-month period referred to in subparagraph (A) equals or exceeds 110 percent of that average rate of total unemployment for either or both of the corresponding three-month periods ending in the two preceding calendar years.

(4) With respect to weeks of unemployment beginning on or after March 18, 2020, and continuing until the week ending four weeks prior to the last week for which 100 percent federal sharing is authorized by the federal Families First Coronavirus Response Act (Public Law 116-127), which shall be interpreted to retroactively include any subsequent extension of the last week for which 100 percent of federal sharing is authorized under that act and shall take effect as if the amendment extending full federal funding was enacted as part of that act, or for weeks of unemployment ending four weeks prior to the last week for which Congress, pursuant to any future legislation, has authorized 100 percent federal sharing, for all claims, except for reimbursable entities described in Section 3306(c)(7) of the Internal Revenue Code as that section read as of the operative of date of the act adding this paragraph, both of the following apply:

(A) The average rate of total unemployment in this state, seasonally adjusted, as determined by the United States Secretary of Labor, for the period consisting of the most recent three months for which data for all states are published before the close of that week, equals or exceeds 6.5 percent.

(B) The average rate of total unemployment in this state, seasonally adjusted, as determined by the United States Secretary of Labor, for the three-month period referred to in subparagraph (A) equals or exceeds 110 percent of that average rate of total unemployment for either or both of the corresponding three-month periods ending in the two preceding calendar years.

(d) There is an “off” indicator for a week if, for the period consisting of that week, and the 12 weeks immediately preceding the week, none of the criteria specified in subdivision (c) results in an “on” indicator.

(e) For purposes of this section, the rate of insured unemployment for a 13-week period shall be determined by reference to the average monthly covered employment for the first four of the most recent six calendar quarters ending before the close of the period.

(f) The indicators specified in subdivisions (c) and (d) shall be operative only if mandated or permitted by federal law.

(g) Notwithstanding any other provision of this part, the Governor may, if permitted by federal law, suspend the payment of extended duration benefits under this part, to the extent necessary to ensure that otherwise eligible individuals are not denied, in whole or in part, the receipt of emergency unemployment compensation benefits authorized by the federal Supplemental Appropriations Act of 2008 (Public Law 110-252), the Unemployment Compensation Extension Act of 2008 (Public Law 110-449), and the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), and that the state receives maximum reimbursement from the federal government for the payment of those emergency benefits.

(h) Notwithstanding the provisions of subdivision (c), with respect to weeks of unemployment beginning on or after December 19, 2010, and continuing until the earlier of the date authorized by Section 502(b) of Public Law 111-312, or the week ending four weeks prior to the last week for which 100 percent federal sharing is authorized by Section 2005(a) of Public Law 111-5 for all claims, except for reimbursable entities described in Section 3306(c)(7) of the Internal Revenue Code, the following applies:

(1) There is an “on” indicator for purposes of federal-state extended benefits for a week if one of the following applies:

(A) The rate of insured unemployment under this part for the period consisting of that week and the 12 weeks immediately preceding the week equaled or exceeded 120 percent of the average of the rates for the corresponding 13-week period ending in each of the preceding three calendar years, and equaled or exceeded 5 percent.

(B) The rate of insured unemployment under this part for the period consisting of that week and the 12 weeks immediately preceding the week equaled or exceeded 6 percent, regardless of the rate of insured unemployment in the three previous years.

(C) The average rate of total unemployment in this state, seasonally adjusted, as determined by the United States Secretary of Labor, for the period consisting of the most recent three months for which data for all states are published before the close of that week, equals or exceeds 6.5 percent and the average rate of total unemployment in this state, seasonally adjusted, as determined by the United States Secretary of Labor, for the three-month period equals or exceeds 110 percent of that average rate of total unemployment for any or all of the corresponding three-month periods ending in the three preceding calendar years.

(2) There is an “off” indicator for a week if, for the period consisting of that week, and the 12 weeks immediately preceding the week, none of the criteria specified in paragraph (1) results in an “on” indicator.

(3) The indicators specified in paragraphs (1) and (2) shall be operative only if mandated or permitted by federal law.

(i) (1) Notwithstanding any other provision of this part, with respect to whether the state is in an extended benefit period beginning on November 1, 2020, through December 31, 2021, as permitted by the Continued Assistance for Unemployed Workers Act of 2020, the requirement in the Federal-State Extended Unemployment Compensation Act of 1970 that no extended benefit period may begin prior to the 14th week following the end of a prior extended benefit period which was in effect shall not apply.

(2) Notwithstanding any other provision of this part, when authorized by federal law to temporarily waive the “off” period, the requirement in the Federal-State Extended Unemployment Compensation Act of 1970 that no extended benefit period may begin prior to the 14th week following the end of a prior extended benefit period which was in effect shall not apply.

history: (History: Amended by Stats. 2021, Ch. 5, Sec. 12. (AB 81) Effective February 23, 2021.)


citation: UIC § 4004

text:
(a) The department shall establish, for each eligible individual who files an application therefor, an extended compensation account with respect to the individual’s benefit year. The amount established in that account, subject to subdivision (b) of this section, shall be not less than whichever of the following is the least:

(1) Fifty percent of the total amount of regular compensation payable to the individual during that benefit year under this division.

(2) Thirteen times the individual’s average weekly benefit amount.

(3) Thirty-nine times the individual’s average weekly benefit amount, reduced by the regular compensation paid to them during that benefit year under this division.

(b) The amount determined under subdivision (a) of this section shall be reduced by the aggregate amount of additional compensation paid to the individual under Part 3 (commencing with Section 3501) of this division for prior weeks of unemployment in a benefit year that did not begin in an extended benefit period.

(c) For purposes of subdivision (a) of this section, an individual’s weekly benefit amount for a week is the amount of regular compensation under Part 1 (commencing with Section 100) of this division payable to such individual for such week of total unemployment.

(d) With respect to weeks beginning in a high unemployment period, subdivision (a) shall be applied in accordance with the following percentages:

(1) In paragraph (1) of subdivision (a), 80 percent shall be substituted for 50 percent.

(2) In paragraph (2) of subdivision (a), 20 times shall be substituted for 13 times.

(3) In paragraph (3) of subdivision (a), 46 times shall be substituted for 39 times.

(e) For purposes of subdivision (d), “high unemployment period” means either of the following:

(1) A period during which an extended benefit period would be in effect if subparagraph (A) of paragraph (3) of subdivision (c) of Section 4003 were applied by substituting 8 percent for 6.5 percent.

(2) A period during which an extended benefit period would be in effect if subparagraph (A) of paragraph (4) of subdivision (c) of Section 4003 were applied by substituting 8 percent for 6.5 percent.

(f) If subdivision (h) of Section 4003 is applicable, for purposes of subdivision (d), “high unemployment period” means a period during which an extended benefit period would be in effect if subparagraph (C) of paragraph (1) of subdivision (h) of Section 4003 was applied by substituting 8 percent for 6.5 percent.

history: (History: Amended by Stats. 2020, Ch. 22, Sec. 3. (AB 103) Effective June 29, 2020.)


citation: UIC § 4551

text: Federal-state extended benefits are payable from the Unemployment Fund to unemployed individuals who are eligible under this part.

history: (History: Added by Stats. 1970, Ch. 1156.)

chapter: 2. Federal-State Extended Benefits

article: 1. Eligibility and Disqualifications

path: 1. UNEMPLOYMENT AND DISABILITY COMPENSATION > 4. FEDERAL-STATE EXTENDED COMPENSATION > 2. Federal-State Extended Benefits > 1. Eligibility and Disqualifications


citation: UIC § 4552

text:
An unemployed individual is eligible to receive federal-state extended benefits with respect to any week only if the director finds that:

(a) An extended compensation claim has been established for him or her.

(b) The week is within an extended benefit period and his or her eligibility period.

(c) He or she meets the eligibility requirements of Part 1 (commencing with Section 100), except those excluded under subdivision (b) of Section 4002.

(d) He or she is not subject to disqualification for normal benefits under any provision of Part 1 (commencing with Section 100). If the individual has been subject to disqualification under subdivision (b) of Section 1257, he or she has satisfied subdivision (b) of Section 1260 and, during a week following the first week of disqualification, has done either of the following:

(1) Performed service in bona fide employment during a week on a full-time basis.

(2) Performed service in bona fide employment during a week from which service he or she earned remuneration at least equal to his or her weekly benefit amount.

(e) With respect to compensation payable to any individual for any week, he or she had earnings from employment subject to the provisions of this division which exceed 40 times his or her most recent weekly benefit amount or 1.5 times the highest quarter, in the base period in which he or she exhausted all rights to regular compensation.

(f) An individual subject to disqualification under subdivision (a) of Section 1256.4 has satisfied subdivision (a) of Section 1260.

(g) The amendments to subdivision (e) made by the act adding this subdivision shall not be implemented unless the director determines that those amendments have been approved by the United States Department of Labor. The director shall immediately seek approval of the amendments to subdivision (e) from the United States Department of Labor.

history: (History: Amended by Stats. 2009, 3rd Ex. Sess., Ch. 22, Sec. 3. Effective March 27, 2009.)

article: 1. Eligibility and Disqualifications


citation: UIC § 4553

text:
An unemployed individual is disqualified for federal-state extended benefits if the individual, without good cause, refused to accept suitable work when offered to the individual, or failed to apply for suitable work when referred by a public employment office.

(a) For purposes of this section, the term “suitable work” means any work which is within the individual’s capabilities.

(b) An individual shall not be disqualified under this section if any of the following apply:

(1) The gross average weekly remuneration payable to the individual for the position offered or to which referred, does not exceed the individual’s weekly benefit amount plus the amount of any additional benefits (as defined in Section 501(c)(17)(D) of the Internal Revenue Code of 1954) payable to such individual for such week.

(2) The position was not offered to such individual in writing and was not listed with a public employment office.

(3) The provisions of subdivision (a), (b), or (c) of Section 1259 or the provisions of Article 1.5 (commencing with Section 1266) or Article 1.8 (commencing with Section 1274) of Chapter 5 of Part 1 apply.

(4) The position pays less than the federal or state minimum wage, whichever is higher.

(5) The department determines that the individual’s prospects for obtaining work in his or her customary occupation within a reasonably short period are good.

(c) If the department makes a determination described in paragraph (5) of subdivision (b), the determination of whether any work is “suitable work” and whether there is a disqualification from benefits with respect to the individual shall be made in accordance with subdivision (b) of Section 1257, Sections 1258, 1258.5, and 1259, and subdivision (b) of Section 1260.

history: (History: Amended by Stats. 1981, Ch. 1134, Sec. 8. Conditionally inoperative as provided in Section 4558.)

article: 1. Eligibility and Disqualifications


citation: UIC § 4554

text:
An individual is disqualified for federal-state extended benefits if the individual fails to actively engage in seeking work.

(a) For purposes of this section, an individual shall be treated as actively engaged in seeking work during any week if both of the following conditions are met:

(1) The individual has engaged in a systematic and sustained effort to obtain work during the week.

(2) The individual provides tangible evidence to the department that he or she has engaged in such an effort during the week.

(b) An individual shall not be disqualified under this section for any week in which the individual is in a training or retraining program under Article 1.5 (commencing with Section 1266) of Chapter 5 of Part 1.

(c) An individual shall not be disqualified under this section for any week solely because the individual is before any court of the United States or any state pursuant to a lawfully issued summons to appear for jury duty, or the individual is hospitalized for treatment of an emergency or life-threatening condition.

history: (History: Amended by Stats. 1985, Ch. 716, Sec. 6. Conditionally inoperative as provided in Section 4558.)

article: 1. Eligibility and Disqualifications


citation: UIC § 4555

text:
If an individual is disqualified for federal-state extended benefits under Section 4553 or 4554 pursuant to a determination transmitted to him or her by the department, the individual shall be ineligible to receive federal-state extended benefits:

(a) Beginning with the week in which the disqualifying act occurs, and

(b) Continuing until the individual has, during at least four weeks subsequent to the week in which the disqualifying act occurred, performed services in bona fide employment for which remuneration is earned equal to or in excess of four times the individual’s weekly benefit amount.

history: (History: Amended by Stats. 1981, Ch. 1134, Sec. 9. Conditionally inoperative as provided in Section 4558.)

article: 1. Eligibility and Disqualifications


citation: UIC § 4556

text: When the department refers individuals who have applied for federal-state extended benefits to work, the referrals shall include suitable work, as defined by subdivision (a) of Section 4553, to which any part of subdivision (b) of Section 4553 would not apply.

history: (History: Added by Stats. 1981, Ch. 10, Sec. 5. Effective March 31, 1981. Conditionally inoperative as provided in Section 4558.)

article: 1. Eligibility and Disqualifications


citation: UIC § 4557

text:
(a) Except as provided in subdivision (b), payment of federal-state extended compensation shall not be made to any individual for any week if both of the following apply:

(1) Extended compensation would, but for this section, have been payable for such week pursuant to an interstate claim filed in any state under the interstate benefit payment plan.

(2) An extended benefit period is not in effect for such week in such state.

(b) Subdivision (a) shall not apply with respect to the first two weeks for which extended compensation is payable as determined without regard to this section, pursuant to an interstate claim filed under the interstate benefit payment plan to the individual from the extended compensation account established with respect to the benefit year.

history: (History: Added by Stats. 1981, Ch. 10, Sec. 6. Effective March 31, 1981. Conditionally inoperative as provided in Section 4558.)

article: 1. Eligibility and Disqualifications


citation: UIC § 4558

text: Sections 4553 to 4557, inclusive, and the amendments made to Section 4552 by legislation enacted during the 1981 portion of the 1981–82 Regular Session of the Legislature shall be operative only during such time as Section 202 of the Federal-State Extended Unemployment Compensation Act of 1970 requires that state unemployment insurance laws contain such provisions as a condition of certification of state unemployment insurance laws by the Secretary of Labor.

history: (History: Added by Stats. 1981, Ch. 10, Sec. 7. Effective March 31, 1981.)

article: 1. Eligibility and Disqualifications


citation: UIC § 4601

text: The computation of the amount and duration of federal-state extended benefits shall be in accordance with Section 4004.

article: 2. Computation (Amount and Duration)

path: 1. UNEMPLOYMENT AND DISABILITY COMPENSATION > 4. FEDERAL-STATE EXTENDED COMPENSATION > 2. Federal-State Extended Benefits > 2. Computation (Amount and Duration)


citation: UIC § 4651

text: Claims for federal-state extended benefits shall be made as provided in this article.

path: 1. UNEMPLOYMENT AND DISABILITY COMPENSATION > 4. FEDERAL-STATE EXTENDED COMPENSATION > 2. Federal-State Extended Benefits > 3. Filing, Determination, and Payment of Federal-State Extended Benefit Claims


citation: UIC § 4652

text: (a) An individual who desires to claim federal-state extended benefits shall file a valid application. An application for federal-state extended benefits shall be valid only if its effective date is within an extended benefit period and his eligibility period and the individual filing it otherwise meets the requirements of Section 4001. For the purpose of determining whether an application is a “valid application” within the meaning of this section, an individual otherwise unemployed shall be deemed unemployed even though wages, as defined in Section 1252, which are for a period subsequent to the termination of performance of services are payable with respect to the week for which he files the application.

article: 3. Filing, Determination, and Payment of Federal-State Extended Benefit Claims


citation: UIC § 4653

text: The effective date of a valid application shall be determined in the same manner as the effective date of a new claim for normal benefits pursuant to Section 1326.


citation: UIC § 4654

text: The department shall give a notice of the filing of an application or an additional claim to the employing unit by which the individual was last employed immediately preceding the filing of the application or claim unless the additional claim is the result of the filing of a partial claim as defined by the department, there has not been a subsequent employing unit which is designated as the last employer, and there is no separation issue. The employing unit so notified shall submit within 10 days after the mailing of the notice any facts then known which may affect the individual’s eligibility for federal-state extended benefits. The 10-day period may be extended for good cause. If after the 10-day period the employing unit acquires knowledge of facts which may affect the eligibility of the individual and those facts could not reasonably have been known within the period, the employing unit shall within 10 days of acquiring that knowledge submit those facts to the department, and the 10-day period may also be extended for good cause.

history: (History: Amended by Stats. 1985, Ch. 716, Sec. 7.)


citation: UIC § 4655

text:
(a) The Employment Development Department shall consider the facts submitted by an employer pursuant to Section 4654 and, if benefits are claimed subsequent to the filing of the federal-state extended benefits claim, make a determination as to the individual’s eligibility for the federal-state extended benefits. The Employment Development Department shall promptly notify the individual and any employer who prior to the determination has submitted any facts pursuant to Section 4654 of the determination and the reasons therefor. The individual and this employer may appeal therefrom to an administrative law judge within 30 days from service of notice of the determination. The 30-day period may be extended for good cause. The Director of Employment Development shall be an interested party to any appeal.

(b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect.

(c) This section shall become operative on July 1, 2015.

history: (History: Amended by Stats. 2022, Ch. 67, Sec. 39. (SB 191) Effective June 30, 2022.)


citation: UIC § 4656

text:
(a) Upon the filing of a valid application by an individual, the department shall promptly make a federal-state extended benefit award computation that shall set forth the maximum amount of federal-state extended benefits potentially payable during the extended benefit period, and the weekly benefit amount. The department shall promptly notify the individual of the computation. The individual may, within 30 days after the service of the notice of computation or recomputation, protest its accuracy. The 30-day period may be extended for good cause. The department shall consider this protest and shall promptly notify the individual of the recomputation or denial of recomputation. An appeal may be taken from a notice of denial of recomputation in the manner provided in Section 4655. The director shall be an interested party to any appeal.

(b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect.

(c) This section shall become operative on July 1, 2015.

history: (History: Amended by Stats. 2022, Ch. 67, Sec. 40. (SB 191) Effective June 30, 2022.)