Side by Side Comparison of Paid Leave Options

Qualifying reasons for leave

To care for a seriously ill family member or to bond with a new child entering the family through birth, adoption, or foster care placement
(eff. Jan. 1, 2021, this will also include a “qualifying exigency” related to the military duty of the employee’s family member).

(1) Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee’s family member.

(1) Caring for Yourself:
The covered employee is subject to quarantine or isolation period related to COVID-19, has been advised by a healthcare provider to quarantine, or is experiencing COVID-19 related symptoms and seeking a medical diagnosis.

(2) Caring for a Family Member: The covered employee is caring for a family member subject to a COVID-19 quarantine or isolation period or has been advised by a healthcare provider to quarantine due to COVID-19, or is caring for a child whose school or place of care is closed or unavailable due to COVID-19 on the premises. 

(3) Vaccine-Related: The covered employee is attending a vaccine appointment or cannot work or telework due to vaccine-related symptoms

Employers/Hiring Entities covered

State Paid Family Leave is funded solely through employee contributions. Employees who contribute to the program (generally through paycheck deductions) are eligible if they earned at least $300 from which State Disability Insurance (SDI)
deductions were withheld during the applicable base period.

All employers who have employees in California except for certain employers of employees covered by a valid collective bargaining agreement, certain employers subject to Railway Labor Act, and retired annuitants of public employers

All employers, public or private, with more than 25 employees, including those with collective bargaining agreements.

Workers Covered

Employees

Employees

Employees, whose employers have over 25 employees, and are unable to work or telework due to one of the COVID-19 related qualified reasons listed above.

Amount of paid leave

8 weeks starting July 1, 2020

1 hour for every 30 hours worked or another approved method; employer may cap accrual at 48 hours and cap use at 3 days or 24 hours, whichever is greater, within a 12 month period

80 hours for those considered full-time employees. 

Full-time active firefighters may be entitled to more than 80 hours, caps on pay apply.

For part-time employees with a normal weekly schedule, the number of hours the employee is normally scheduled to work over two weeks.

For part-time employees with variable schedules, 14 times the average number of hours worked per day over the past 6 months.

Wage payment
amount

60-70% of wages (depending on income), ranges from $50-$1,300 per week

Regular rate or average rate for preceding 90 days

Non- exempt employees: Highest of the following for each hour of leave: regular rate of pay for pay period in which leave was taken, average pay over the last 90 days, State minimum wage, or local minimum wage, not to exceed $511 per day and $5,110 in total. Active firefighters may be entitled to more hours but pay is capped at these limits. Exempt employees: paid at the same rate as other paid leave

When leave becomes available

When employee loses wages due to inability to work because of need for family care/bonding; employee must have earned at least $300 from which State Disability Insurance (SDI)
deductions were withheld during base period

Begins to accrue upon hire & may be used after 90 days

January 1, 2021 through September 30, 2021.  Requirement to provide leave is effective March 29, 2021 and retroactive to January 1, 2021.

Family members for whom care may be provided

• Child, including a biological, foster, or adopted child, a stepchild, a child of a domestic partner, a legal ward, or a child of a person standing in loco parentis.
• Biological, foster, or adoptive parent, parent-in-law, stepparent, legal guardian, or other person who stood in loco parentis when the employee was a child.
• Spouse
• Registered domestic partner
• Grandparent
• Grandchild
• Sibling

• Child, including a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis.
• Biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.
• Spouse
• Registered domestic partner
• Grandparent
• Grandchild
• Sibling

• Child, including a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis.
• Biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.
• Spouse
• Registered domestic partner
• Grandparent
• Grandchild
• Sibling