Family Care Leave
Starting July 1, 2019, the Nonindustrial Disability Insurance (NDI) program is expanding to include Family Care Leave (FCL) for eligible state employees.
Nonindustrial Disability Insurance-Family Care Leave (NDI-FCL) is an employer-funded program. It provides partial wage replacement to eligible state employees who are excluded from bargaining and enrolled in the annual leave program (ALP).
Under NDI-FCL, employees can take leave to care for a seriously ill family member (child, parent, parent-in-law, grandparent, grandchild, sibling, spouse, or registered domestic partner) or to bond with a new child through birth, adoption, or foster care placement.
Note: Beginning January 1, 2021, NDI-FCL will expand by adding a new claim type called Military Assist. NDI-FCL Military Assist benefits will be available to eligible Californians who need time off work to participate in a qualifying event because of the military deployment of their spouse, registered domestic partner, parent, or child to a foreign country.
This applies to NDI-FCL claims with a start date of January 1, 2021, or after.
NDI-FCL provides wages for up to 6 weeks (42 days) per claim in a 12-month period. You are not required to serve a waiting period before benefits are paid.
If you are eligible for NDI-FCL, you receive 50% of your gross monthly salary. You may use leave credits to supplement your salary at 75% or 100%.
To receive benefits, you will need to have six months of service within the last 18 months. If you are an intermittent employee, you must have a total of 960 hours of employment.
To be eligible for NDI-FCL, you must:
- Be an eligible state employee excluded from bargaining (non-leave-earning exempt employees are not eligible).
- Participate in the ALP.
- Be unable to perform your regular work and have a wage loss to care for a seriously ill family member or bond with a new child.
Excluded employees include those employees not represented by a bargaining unit.
Some state employees are not covered by NDI but are covered by State Disability Insurance (SDI) through a negotiated agreement. For information about SDI, visit About the State Disability Insurance Program.
The EDD determines eligibility and authorizes benefit payments. We will send you a Notice of Eligibility for Nonindustrial Disability Insurance or Nonindustrial Disability Insurance Family Care Leave (NDI-FCL) (DE 8500) and an Authorization to Pay Nonindustrial Disability Insurance or Nonindustrial Disability Insurance Family Care Leave (NDI-FCL) (DE 8500A) to your employer. These notices describe the qualifying time period.
Once the employer’s personnel office receives the DE 8500A, they must request the State Controller or paying agent to issue benefit payments to you.
Benefits are paid based on your employer’s payment schedule. Once benefits are authorized by the EDD, questions concerning payment status, weekly rates, payment amounts, deductions, etc., should be directed to the your attendance clerk or personnel office.
Retirement or Service Credit
- You will not earn Public Employees’ Retirement System (CalPERS) or State Teachers’ Retirement System (CalSTRS) service credit for the 50% NDI-FCL wages.
- State employer contributions to your retirement account will not be made while you are receiving NDI-FCL.
- CalPERS or CalSTRS credit is earned for time worked or supplemented with accrued leave.
When Benefits Are Not Payable
Benefits are not payable for any day that:
- You are entitled to temporary workers’ compensation benefits or Industrial Disability Leave.
- You receive full wages in the form of sick leave, vacation, compensatory time off, or catastrophic leave.
- Unemployment Insurance benefits are paid.
- You are separated or retired from state service.
- Get the Claim for Nonindustrial Disability Insurance - FCL (DE 8501F) from your personnel or payroll specialist with the Part A - Employer Information completed. Your department’s personnel office must verify that you are enrolled in the ALP and excluded from bargaining before completing the claim form.
- Complete and sign Part B - Claim Statement of Employee.
- For bonding claims: Complete and sign Part C - Bonding Certification. A bonding claim is complete when parts A, B, C, and evidence of relationship (See Part C, box 10 for acceptable evidence of relationship documents) are received by the EDD.
- For care claims: Part D - Statement of Care Recipient (signed by the care recipient or authorized representative) and Part E - Physician/Practitioner’s Certification (signed by the physician/practitioner) are required. A care claim is complete when parts A, B, D, and E are received by the EDD.
- Mail your completed and signed claim form (DE 8501F) to the EDD at:
EDD/Nonindustrial Disability Insurance-Family Care Leave
PO Box 2168
Stockton, CA 95201-2168