state leave laws

your state’s laws

Work with your HR business partner to understand what is available in your state.

overview

Depending on where you work, you may be covered under a state leave law that governs absences and provides job protection or other benefits. If that's the case and the laws in your state provide more generous provisions than federal law or company policy, you'll be eligible for the more generous provisions. Check with your HR business partner for information about applicable laws in your state.

california

If you work in California for 30 or more days within a year, you’re entitled to California Paid Sick Leave (PSL) of three days or 24 hours (whichever is longer) in the calendar year. During your first year of employment, California PSL will be available beginning on the 90th day of employment. For subsequent years, California PSL will be available for use on January 1. Unused California PSL cannot be carried over from year to year or cashed out at termination or retirement. If you are rehired within one year, previously unused California PSL will be reinstated. 

Time off for California PSL must be taken in a minimum of 2 hour increments. Eligible employees may use California PSL for:

  • Themselves or an eligible family member for the diagnosis, care or treatment of an existing health condition or preventive care.
  • Specified purposes for an employee who is a victim of domestic violence, sexual assault or stalking.

For purposes of California PSL, eligible family members include the employee's parents, children, spouse, registered domestic partner, grandparents, grandchildren and siblings.

You report paid sick leave just as you do when you're sick that is, to your supervisor and, if needed, to a time administrator. However, you report that the time off is to care for yourself or a family member. The same rules that apply when you're ill apply to the care of a family member. For example, if your management requires documentation, such as a doctor's certification for an illness, management may require the same information for your family member's illness. 

Your supervisor is responsible for ensuring that absences are correctly recorded as qualifying for California PSL.

Reed Group does not handle absences under California Paid Sick Leave, unless the absence also qualifies as an FMLA-protected absence. If you think your absence may qualify for protection under FMLA, you should also follow the Disability Management Program’s reporting process so that you're eligible for any job protection that may be available under FMLA.

Under this law, you're entitled to a leave of absence for up to 12 workweeks in a 12-month period for:

  • bonding with a child after birth 
  • placement of a child in your family for adoption or foster care 
  • a serious health condition of your child, parent, spouse or domestic partner 
  • your own serious health condition. 

The leave can be taken intermittently or at a reduced schedule. And the time off may also count as job-protected under FMLA. However, time off for pregnancy or a pregnancy-related disability that is job-protected under FMLA does not count against the 12 weeks of time off that is available under CFRA. 

For more information about the California Family Rights, please refer to the CA Fair Employment and Housing Web site at http://www.dfeh.ca.gov/Employment/.

This law provides you with certain job guarantees for a medically necessary absence of up to four months as a result of pregnancy and childbirth. Time off covered under PDLL may also count as job-protected time off under FMLA. For more information about your rights and obligations, go to https://www.dfeh.ca.gov/resources/frequently-asked-questions/employment-faqs/pregnancy-disability-leave-faqs/pdl-cfra-fmla-guide/.

For a copy of The Department of Fair Employment and Housing publication, go to https://www.dfeh.ca.gov/wp-content/uploads/sites/32/2017/06/DFEH_PregnancyLeavePamphlet.pdf.

PFL extends disability compensation to cover employees working in California or seagoing or U.S.-payroll expatriate employees working in a non-U.S. location for a Chevron operating company based in California who take time off work to care for a seriously ill family member or to bond with a new minor child due to birth, adoption, or foster care placement. 

Family members may include:

  • your spouse or state-registered domestic partner; 
  • your children, including a biological child, adopted child, foster child, stepchild, grandchild, legal ward, or child of a state-registered domestic partner;
  • your parents, including a biological parent, foster parent, adoptive parent, stepparent, grandparent, parent-in-law or legal guardian;
  • your siblings, including a biological sibling, adopted sibling or a sibling through a common legal or biological parent.

PFL provides for benefit payments, but it does not provide any job protection or reinstatement rights. However, job protection for the same absence may be provided by federal or state leave laws (for example, FMLA, CFRA).

who is eligible for california PFL 

All Chevron employees working in the state of California or seagoing or U.S.-payroll expatriate employee working in a non-U.S. location for a Chevron operating company based in California may be eligible for PFL benefits. To be eligible, you must have earned at least $300 in base period wages from which disability insurance deductions were withheld, and you must meet the rules and requirements described in the state disability programs. As a California employee, you participate in either the Chevron Voluntary Disability Insurance Plan or the California State Disability Insurance Program (SDI). In both cases, you are covered for PFL through your disability plan. 

the california PFL benefit amount 

During any 12-month period, an eligible California employee may receive up to six weeks of PFL benefit payments. Whether you are enrolled in the Chevron Voluntary Disability Insurance Plan or SDI, PFL benefits will be paid at the SDI rate, which is approximately 60 to 70 percent (depending on income) of base period wages up to a maximum of $1,216 a week for a PFL absence commencing in 2018. There is a $50 minimum weekly benefit amount. 

The PFL benefit payments you receive are taxable on your federal tax return, but are not taxable for state purposes. In addition, the PFL income is not considered regular earnings. This means that while you are receiving PFL benefits, your paycheck contributions to other employee benefit programs stop because you are considered to be on “unpaid” status. 

rules and requirements

The following rules and requirements apply to PFL:

  • To be eligible for PFL benefit payments, you must experience a loss in wages as a result of the time you take off to care for a seriously ill family member or to bond with a new child. 
  • Chevron requires you to take one week of vacation for each claim prior to receiving PFL benefits. If you have less than one week of vacation available, PFL benefits will begin after available vacation has been exhausted. If you don’t have any vacation available, PFL benefits will begin on the first day of a Family Care Leave. 
  • You must file a claim for PFL benefits no later than 42 calendar days from the first day for which you may be paid PFL. Time away from work can include consecutive days off and days off taken intermittently. 
  • Proof of relationship documentation is required for all PFL benefit claims. This includes a birth certificate, adoption paperwork, a marriage license, or a California Certificate of Registered Domestic Partnership
  • Medical certification is required if the leave is to care for a seriously ill family member. You must also certify that there is no other family member ready, willing and able to provide care during the same period of time in the day.
  • California Paid Family Leave does not provide job protection. However, your job may be protected if your absence qualifies under the federal Family and Medical Leave Act of 1993 (FMLA) or the California Family Rights Act (CFRA)
  • If you are on unpaid status for longer than 31 consecutive calendar days, you will be placed on Chevron’s unpaid Family Leave

how to request california PFL benefits 

The process for requesting PFL benefits depends on whether you participate in the California State Disability Insurance Program (SDI) or the Chevron Voluntary Disability Insurance Plan. Benefits will not be paid until all documentation is received and approved. 

if you participate in the chevron voluntary disability insurance plan

Your benefits are administered by Reed Group. To request PFL benefits, follow these steps:

  • Notify your supervisor. 
  • Review the disability management program and download the appropriate PFL forms
  • Complete the forms and collect the required documentation.
  • Contact Reed Group by calling 1-888-825-5247, option 5. 
  • You will not be paid PFL benefits until you complete the waiting period, meet all eligibility requirements, and provide all required documentation. There is no guarantee that your request for benefits will be approved even after you have taken the time off without pay. PFL benefits are never payable under the Chevron Voluntary Disability Insurance Plan when they would not be payable under SDI. 
  • If your request is approved, your benefits will be paid by Chevron payroll. 

if you participate in the california state disability insurance program (SDI)

Your benefits are administered by the state of California’s Employment Development Department (EDD). To request PFL benefits, follow these steps:

  • Notify your supervisor. 
  • Call 1-877-BE-THERE (1-877-238-4373) or visit their Web site at www.edd.ca.gov/Disability/.
  • If your request is approved, your benefits will be paid by the state of California. 

For more information, see the disability management program and frequently asked questions

You can find general information about California Paid Family Leave on the EDD website at www.edd.ca.gov/Disability/Paid_Family_Leave.htm.