The following is for informational purposes only. Do not rely on this information without consulting the Employment Development Department (EDD), which administers California’s paid family leave program.
Workers who participate in the State Disability Insurance Program can get up to six weeks of partial pay a year while taking time from work to care for a seriously ill parent, child or domestic partner.
Medical Certificate
When applying for paid family leave to care for a
seriously ill family member, you are required to file
a medical certificate that establishes the serious
health condition of the family member that warrants
your care. The certificate does not have to identify
the serious medical condition involved but it must
include the following:
- The date, if known, on which the condition commenced;
- The probable duration of the condition;
- An estimate of the amount of time that the physician or practitioner believes the employee is needed to care for the child, parent, spouse, or domestic partner; and
- A statement that the serious health condition warrants your participation in caring for your family member.
The paid family leave law does not establish a minimum number of hours or days or weeks that an employee can take off to receive paid family leave benefits. In addition, if you are providing care to someone with an ongoing serious condition, you need only serve one seven-day waiting period. However, only the days on which you actually provide care for your family member will be counted towards the seven-day waiting period.
2. My father lives outside California. Can I still get paid family leave benefits to care for him?
You may be eligible to receive paid family leave benefits even if your father (or other family member needing care) does not live in California. As long as you can obtain a medical certificate from your father’s treating physician which establishes that your father has a serious health condition and you are needed to provide physical care or psychological comfort to him, you will be eligible to receive paid family leave benefits. Keep in mind, however, that your father’s physician or health care provider must be licensed or certified in the state or country where your father is being treated for the medical certification to be considered valid by EDD.
3. What is the standard of proof for “able and available”? In a hospice situation many family members may be present, but are not actually providing care. How would the person taking the leave prove this?
You may take paid family leave to provide physical care or psychological comfort or to arrange “third party” care for the individual needing care. The EDD will certify up to three individuals who are “able and available” to provide care for the same care recipient, in a 24-hour period.
4. If a caregiver takes the individual needing care to the doctor every Friday, how is the waiting period determined? After the waiting period would the caregiver be eligible to take the leave for this activity?
If a caregiver takes a care recipient to the doctor every Friday, she would serve the seven-day waiting period over seven weeks. In other words, each of the Fridays she takes off to care for the care recipient counts toward the waiting period. However, the days on which she does not provide care do not count toward the waiting period. After serving the seven-day period, the caregiver would be eligible for paid family leave benefits on each subsequent day she takes off to care for the care recipient.
5. Can I take paid family leave to care for my spouse’s mother, who is seriously ill?
No. Paid family leave only allows you take leave to care for your own parents, spouse, child or domestic partner.
6. My Employer says he can’t hold my job for me if I take paid family leave. What can I do?
There are several laws that protect workers from discrimination in retaliation for exercising their rights. Consult with an attorney or legal advocate to learn more about the laws and your rights. You may also contact one of the following organizations:
Legal Aid Society – Employment Law Center: 1-800-880-8047
Equal Rights Advocates: 1-800-839-4372
Asian Law Caucus: 1-415-896-1701