If a California employee needs more time off work than his regularly allocated family leave and sick time to care for a child with special needs, is he eligible to apply for Paid Family Leave?

If a California employee has a child with special needs who requires a health appointment every week, he may be eligible for partial wage reimbursement for up to 4 hours per week through Paid Family Leave.

Partial Reimbursement to Care for Family

Paid Family Leave is a program that relieves families of financial stress when needing extended time away from work to bond with a biological, adopted, or foster child or to care for a cherished family member with a serious illness.

Not Fully Comprehensive

The program is not comprehensive as it pays up to 55% of lost wages and also carries a 7-day waiting period. The employee may apply for benefits on an hourly, daily, or weekly basis.

Conditions for Paid Family Leave

Paid Family Leave applicants must meet the following criteria:

• Eligible for State Disability Insurance and earned over $300 tax deductible income
• Provide medical information supporting your claim
• Submit your claim between 9-49 days after the day your family care leave began
• Provide documentation to support bonding with a biological, foster, or adoptive child
• Use up to 2 weeks of earned, but unused vacation leave (if required by employer)
• Abide by 7-day waiting period for each care recipient within 12 months

Job Protection Limitations

The Paid Family Leave program offers financial reimbursement; however, in and of itself, it does not offer job protection or return to work rights. Workers who need job protection may have other rights under the Family Medical Leave Act or the California Family Rights Act.

Helpful Links:

Family and Medical Leave Act – Information on job protection under the Family Medical Leave Act