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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39141
Experience:  Retired (mostly)
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I have put in notice at my current job, my last day is 12/14.

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I have put in notice at my current job, my last day is 12/14. I don't start my new job until 1/8. I would like to file a Paid Family Leave claim for the interim period, since I have only claimed PFL benefits for 2 out of the allotted 6 weeks, and will still be inside the 1 year eligibility window. I will not claim unemployment or disability. Under this scenario am I eligible for PFL benefits.

I have researched every California court and administrative decision, as well as every statute and regulation, and I find no dispositive answer for your question.

It is well established that the purpose of the PFL law (legal term: "family temporary disability") is to provide benefits for loss of employment compensation due to the employee's need to care for a seriously ill or injured family member or to bond with a new child. UI Code 3301(a). It would seem reasonable that a person who is voluntarily unemployed does not need replacement wages for this purpose, because there are no wages to replace. That's just my opinion, so you can take it with a grain of salt (though, were I sitting in judgment on the issue, I would have to consider legislative purpose in enactingthe PFL law).

UI Code 3302.1 provides:

  • For purposes of this chapter: (a) "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, or 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. (b) Periods of family care leave for the same care recipient within a 12-month period shall be considered one disability benefit period.


Based upon the above-quoted code section, it would appear that if you have already utilized a portion of your claim benefit while employed, then assuming that the original claim was valid, then the remaining claim would continue to be valid, as long as you could establish that there is still a need to care for a family member, or to bond with a new child.


Once again, I am evaluating the question based upon the law using a reasonable neutral/judicial interpretation. I cannot promise that EDD or the CUIAB (appeals board) will ultimately concur with my opinion.


Please let me know if I can be of further assistance.


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