Los Angeles Office Location
Hennig Ruiz Law Firm
Not sure if you have a legal case? Call us to talk to a lawyer:
Free Consultations
424-394-0464
One Of The Most Successful Workers' Rights Trial Law Firms In California

Ab 908 Offers Expansions To California Paid Family Leave Laws

A California legislative bill, Assembly Bill 908, or AB 908, which was signed by Governor Jerry Brown on April 11, 2016, will increase paid leave for California workers who qualify for paid family leave.

Benefits will increase from their current level of 55 percent to 60 or 70 percent depending on the employee's income level. Those with lower income levels will receive 70 percent, while those with higher income levels will receive 60 percent. Also, starting in 2018, the state will eliminate the 7-day waiting period for employees to receive temporary disability benefits.

Understanding California Paid Family Leave Laws

How will AB 908 help California employees?

AB 908 is designed to ease the financial burden on employees who wish to take leave to take care of a new baby or to care for an ill family member. The bill also allows California employees to receive a portion of his or her pay while on approved leave.

AB 908 will go into effect on January 1, 2018, so if you are on disability right now or plan on going on temporary disability as part of family leave, you will be eligible for the current benefit level of 55 percent of your income.

What is California's current paid family leave law?

California boasts the nation's first paid family leave law. Passed a decade ago, the original law which is currently in effect, states that workers would be eligible for 55 percent of their wages for six weeks to bond with a new child or to care for an ill family member. The original paid family leave law will remain in effect for those who go on temporary disability until January 1, 2016.

How is California paid family leave paid for?

The California paid leave law is funded through worker contributions, in a similar way that Federal Social Security is funded. Employees have a certain portion of their wages deducted to fund the program and then employees who need to use it, receive payment from that fund. Employers are not required to make contributions to the fund. To cover the increase in benefits from 55 percent to 60 and 70 percent, respectively, California will be increasing payroll deductions from employees.

Can an employer refuse to allow me to take leave?

This depends on the specific facts at hand, but generally, under the Federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), employers should permit employees to take leave to care for a new child or to care for a sick family member. Under those laws, employers should not punish employees who take such leave, but they are not required to pay employees during that time.

Each employer has its own internal policies on taking leave, such as when an employee becomes eligible to take vacation or sick leave, or how much time one is permitted to take at a given time. But, these policies cannot violate Federal or state law.

So, if you are eligible for leave under FMLA or the CFRA, you likely would be eligible to receive paid family leave under California law.

If you have further questions or concerns about your rights regarding paid family leave in California, an experienced employment attorney can help. Contact our California employment attorneys at Hennig Ruiz now for a free consultation.

No Comments

Leave a comment
Comment Information
  • Super lawyers
  • California Employment Lawyers Association
  • Consumer Attorneys Association of Los Angeles

What Our Clients Say About Us

  1. I needed great attorneys in a short period of time, it was an emergency situation. Some research led me to the Hennig-Ruiz law firm. We spoke on the phone and they had me come into the office and started on my case immediately. They got me exactly what I wanted and did it in the shortest amount of time possible. They were caring, fair and extremely good at what they do. I definitely would recommend them to anyone. -Scott Rooney

  2. If you are looking for legal representation I would suggest for you to consider Hennig Ruiz Law Firm. Put succinctly, their legal team was intelligent, hard working, responsive, and very knowledgeable throughout our time working together. While I of course cannot divulge details about the assistance that the firm provided for me, I can and will say that their representation was pivotal and changed my life for the better beyond words... -Shane Guglielmo

  3. I went to this firm to have a separation letter reviewed and met a young lawyer named Janet Hong. She was extremely friendly, professional, thorough and quick. She reviewed the documentation promptly and gave me actionable advice. I was able to resolve everything quickly. I would not hesitate to recommend Janet to anyone seeking legal services. -Brendan Hagerty

Schedule a Free Consultation

Ready To Start Protecting Your Rights? Call 424-394-0464

Not Sure Whether You Need Lawyer?

Answer a few questions to see whether you have a case.
Get Started Here

Office Location

Hennig Ruiz Law Firm
1925 Century Park East
Suite 1960
Los Angeles, CA 90067

Toll Free: 800-260-6542
Phone: 424-394-0464
Fax: 310-843-9150
Map & Directions

Free Consultations

Contact Us