Nonindustrial Disability Insurance-Family Care Leave

Program Overview

Nonindustrial Disability Insurance-Family Care Leave (NDI-FCL) provides partial wage replacement for up to six weeks within any 12-month period to:

• Care for a seriously ill family member (child, parent, parent-in-law, grandparent, grandchild, sibling, spouse, or registered domestic partner).
• Bond with a new child entering the family through birth, adoption, or foster care placement.
• Participate in a qualifying event because of a family member’s (spouse, registered domestic partner, parent, or child) military deployment to a foreign country.

Who is covered?

NDI-FCL covers excluded, exempt, supervisory, managerial, or confidential employees and specific bargaining units. CalHR is responsible for contract administration.

Some state employees are not covered by NDI-FCL but are covered by State Disability Insurance (SDI) which includes Paid Family Leave (PFL) through a negotiated agreement. State employees in bargaining units 1, 3, 4, 11, 14, 15, 17, 20, and 21, are covered by SDI PFL. For information about SDI, visit About the State Disability Insurance Program. For specific information about PFL visit Paid Family Leave.

NDI-FCL benefits are available to:

• Permanent or probationary full-time or intermittent employees who are members of the Public Employees’ Retirement System (CalPERS) or the State Teachers’ Retirement System (CalSTRS) and in “compensated employment” (meaning you are in pay status and not separated by a formal leave of absence).
• Employees who are excluded from collective bargaining and are full-time, permanent part-time, or intermittent officers or employees of the State Legislature, who are not civil service members.
• California State University employees appointed half-time or more for either one year of service or one academic year or more, are also covered.
• Employees not represented by a bargaining unit or represented by a specific bargaining unit that has Family Care Leave language in their Memorandum of Understanding (Contact your personnel specialist for more details.)

Eligibility

To be eligible for NDI-FCL, you must:

• Be a state employee who is eligible for NDI-FCL and not covered by SDI PFL. Non leave earning exempt employees are not eligible.
• Be enrolled in the Annual Leave Program (ALP)
• Be a full-time employee; or,
• Be a part-time employee with six months of service within the last 18 months; or,
• Be an intermittent employee with a total of 960 hours of employment.
• Be unable to do your normal or usual work because you must take family leave for care, bonding, or a military assist event.
• Have a wage loss due to your need for family leave.

Claim Process

• Get the Claim for Nonindustrial Disability Insurance – Family Care Leave (NDI-FCL)(DE 8501F) from your personnel or payroll specialist with the Part A - Employee Information completed. Your department’s personnel office must confirm that you are enrolled in the ALP and excluded from bargaining or are in a participating bargaining unit before completing the claim.
• Complete and sign Part B - Claim Statement of Employee.
  • Bonding claims: Complete and sign Part C - Bonding Certification. A bonding claim is complete when parts A, B, C, and proof of relationship are provided. (See Part C, box 10 for acceptable evidence of relationship documents).
  • Care claims: Complete and sign Part D - Statement of Care Recipient (signed by the care recipient or approved representative) and Part E - Physician/Practitioner’s Certification (signed by the physician/practitioner). A care claim is considered complete when we receive parts A, B, D, and E.
  • Military assist claims: Complete and sign Part F - Military Assist Certification and provide supporting military records. A military assist claim is complete when we receive parts A, B, F, and supporting military records. (See Part F, boxes 10 and 11 for acceptable supporting documentation).
• Mail your completed and signed claim form (DE 8501F) to:
  Employment Development Department/Nonindustrial Disability Insurance-Family Care Leave
  PO Box 2168
  Stockton, CA 95201-2168

NDI-FCL Wages and Payment Process

We will determine your eligibility for NDI-FCL and approve 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). We will also send an Authorization to Pay Nonindustrial Disability Insurance or Nonindustrial Disability Insurance - Family Care Leave (NDI-FCL) (DE 8500A) to your employer. These notices provide the time period you are approved for a NDI-FCL claim.

Once your employer’s personnel office receives the DE 8500A, they must authorize and request the State Controller or paying agent to issue benefit payments to you.

Benefits are paid based on your employer’s payment schedule. Once we authorize your benefits, questions concerning your NDI-FCL benefits, including payment status, weekly rates, payment amounts, and deductions should be directed to your attendance clerk or personnel office.

You are not required to serve a waiting period before benefits are paid.

• NDI-FCL provides wages for up to 6 weeks (42 days) per claim in a 12-month period.
• You will receive 50% of your gross monthly salary.
• You can use leave credits to supplement your salary at 75% or 100%.

Retirement or Service Credit

• State employer contributions to your retirement account will not be made while you are receiving NDI-FCL.
• You will not earn service credit from the California Public Employees’ Retirement System (CalPERS) or California State Teachers’ Retirement System (CalSTRS) for the 50% NDI-FCL wages. All service credit is earned for time worked or supplemented with the leave you earn.

Benefit Payment Exceptions

Benefits are not payable for any day that you:

• Are eligible for temporary workers’ compensation benefits or Industrial Disability Leave.
• Receive full wages in the form of sick leave, vacation, compensatory time off, or catastrophic leave.
• Are paid unemployment benefits.
• Are separated or retired from state service.

For more information about NDI and NDI claim filing, visit the NonIndustrial Disability Insurance page or ask your personnel specialist.