Topline:
Gov. Gavin Newsom signed SB-1090 on Saturday, a new law that allows people to take care of paperwork up to 30 days in advance of when they expect to need leave. It also requires that benefits must be provided within 14 days, or as soon as leave begins, whichever is later.
Why this bill? Currently, workers have to wait until they’re actually on leave — and likely preoccupied with bigger things. “You’re recovering from surgery, or maybe you're bonding with a new baby, or your time is busy taking care of a loved one that has a serious health condition, so it's not an ideal time to be interacting with state agencies and working on a difficult application,” said Katherine Wutchiett, senior staff attorney at Legal Aid at Work.
How many other states do this? Out of 14 states that offer or will soon offer paid family leave benefits, eight of them, including Colorado and Oregon, let workers apply in advance of their leave.
How do I access this benefit? The benefit will be implemented as part of the state's ongoing 5-year plan to modernize its system that handles family leave claims. There's no firm start date yet.
Class disparity: Lower-income workers in California have been found to take leave at a rate lower than high-wage workers. In 2020, employees making $80,000 to $100,000 were using paid family leave benefits at nearly four times the rate of workers making less than $20,000, according to the California Budget & Policy Center.
How can I learn more? If you have any questions, Legal Aid at Work runs a free, confidential helpline to answers people's questions about how to take time off without sacrificing their jobs and income.
What else to know:
- Background: Here’s a primer on the bill
- Need to know: Here’s your guide to taking family leave
- Good to know: California is increasing paid family leave benefits starting in January
Education editor Ross Brenneman contributed to this story.
