Governor Signs Bill to Allow Early Application for Paid Family Leave and Disability Insurance Benefits

For immediate release:

September 30, 2024

Contact:

Katie Wutchiett, kwutchiett@legalaidatwork.org 415-593-0064

Katie Duberg, katie@workfamilyca.org, 443-844-8320

Governor Signs Bill to Allow Early Application for Paid Family Leave and Disability Insurance Benefits

Sacramento, California - SB 1090, authored by Senator María Elena Durazo (D-Los Angeles), was just signed by Governor Newsom. The bill will allow workers to apply for Paid Family Leave (PFL) and State Disability Insurance (SDI) benefits up to 30 days prior to the start of their leave so that families can receive benefits sooner and confirm their benefit rate and eligibility before going on leave from work.

California’s Paid Family Leave (PFL) and State Disability Insurance (SDI) programs provide critical support to working families by allowing workers to receive income when they cannot work because of their health, because they are bonding with a new child, or because they are caring for a seriously ill loved one or dealing with a military exigency. The programs directly address many social determinants of health. Paid leave is proven to improve long-term health outcomes for parents and children, decrease stress for caregivers and new parents, encourage equitable co-parenting[1], and reduce income volatility.[2] The programs are entirely employee-funded through a payroll contribution into the Disability Insurance (DI) fund. Beginning in 2025, lower-to-middle income workers will receive up to 90% of their regular income from PFL and SDI, making it more affordable for workers to take the leave that they need, so this is a critical time to make the programs more accessible.

“I want to thank Governor Newsom for helping to ensure that unnecessary barriers to accessing the Paid Family Leave and State Disability Insurance programs are removed by allowing workers to apply for benefits up to 30 days in advance.” said Senator Durazo. “No one should have to wait to apply until their hands are full with a new baby or they are at the hospital recovering from major surgery,” she continued. 

The current PFL and SDI application processes require Californians to take a leap of faith by going onto unpaid leave for several weeks or more without confirmation of whether they will be approved for PFL and SDI benefits and how much money they will receive. This is because workers cannot apply for PFL or SDI benefits until the first day of their qualifying leave, even though their employers may require them to provide 30 days notice of an anticipated leave. For workers with lower incomes – who disproportionately identify as women, are born outside of the United States, are Black or Latinx, and are increasingly older adults – missing several weeks of wages prior to confirmation of benefits is simply not an option.  

“No one should have to choose between money for rent and groceries and spending those first weeks with their new baby, recovering from a surgery, or caring for their sick loved one.” said Katherine Wutchiett, Senior Staff Attorney at Legal Aid at Work. “With this change, workers will no longer have to guess at whether they can afford leave and whether they’ll qualify for benefits. With benefit rates increasing to 90% in 2025, this change is more important than ever.”

“Being able to apply for Paid Family Leave and State Disability Insurance benefFits in advance will make a huge difference for working Californians,” said Katie Duberg, Political Organizing Director at California Work & Family Coalition. “Californians welcoming a new child, recovering from their own serious health condition, or caring for a seriously ill family member will have one less thing to worry about.”

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[1] The Paid Family and Medical Leave Opportunity: What Research Tells Us About Designing a Paid Leave Program that Works for All, Georgetown Center on Poverty and Inequality (July 2019), https://www.georgetownpoverty.org/wp-content/uploads/2019/08/Georgetown_PLUS-PaidFamilyMedicalLeaveOpportunity-20190804.pdf

[2] Paid Medical Leave Research, What We Know and What We Need to Know to Improve Health and Economic Well-being in the United States, Washington Center for Equitable Growth, (April 30, 2020), https://equitablegrowth.org/research-paper/paid-medical-leave-research/?longform=true

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