Section 3303.1 Of Chapter 7. Paid Family Leave From California Unemployment Insurance Code >> Division 1. >> Part 2. >> Chapter 7.
3303.1
. (a) An individual is not eligible for family temporary
disability insurance benefits with respect to any day that any of the
following apply:
(1) The individual has received, or is entitled to receive,
unemployment compensation benefits under Part 1 (commencing with
Section 100) or under an unemployment compensation act of any other
state or of the federal government.
(2) The individual has received, or is entitled to receive, "other
benefits" in the form of cash benefits as defined in Section 2629.
(3) The individual has received, or is entitled to receive, state
disability insurance benefits under Part 2 (commencing with Section
2601) or under a disability insurance act of any other state.
(4) Another family member, as defined in Section 3302, is ready,
willing, and able and available for the same period of time in a day
that the individual is providing the required care.
(b) An individual who is entitled to leave under the FMLA and the
CFRA must take Family Temporary Disability Insurance (FTDI) leave
concurrent with leave taken under the FMLA and the CFRA.
(c) As a condition of an employee's initial receipt of family
temporary disability insurance benefits during any 12-month period in
which an employee is eligible for these benefits, an employer may
require an employee to take up to two weeks of earned but unused
vacation leave prior to the employee's initial receipt of these
benefits. If an employer so requires an employee to take vacation
leave, that portion of the vacation leave that does not exceed one
week shall be applied to the waiting period required under
subdivision (b) of Section 3303. This subdivision may not be
construed in a manner that relieves an employer of any duty of
collective bargaining the employer may have with respect to the
subject matter of this subdivision.