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4.14 NDI Family Care Leave
Overview:
Effective first of the pay period following ratification by both parties, but no earlier than July 1, 2023, Unit 9 employees who are enrolled in the Annual Leave Program will be eligible for Non-Industrial disability Insurance Family Care Leave (NDI-FCL). This program provides partial wage replacement for up to six weeks within a 12-month period. NDI-FCL allows eligible employees to care for a seriously ill family member or bond with a newborn child, adopted child or foster care placement.
NDI-FCL includes qualifying exigency leave. A qualifying exigency is leave related to the covered active duty or call to active duty of the employee’s spouse, domestic partner, child or parent in the Armed Forces. Qualifying reasons may be found in Unemployment Insurance Code section 3302.2.
Employees who meet the eligibility requirements receive 50 percent of their gross salary for each week of NDI-FCL. For each day of NDI-FCL, employees are entitled to 1/7 of their weekly entitlement. Employees eligible for NDI-FCL may elect to supplement their NDI-FCL benefit to either a rate of 75% or 100% income replacement at the time of filing the NDI-FCL claim.
Eligibility:
To qualify employees must be unable to perform their regular or customary work due to the need to care for a seriously ill family member or to bond with a new child (because of the birth of a child of the employee, adoption, or foster care placement of a child with the employee). A family member for purposes of NDI-FCL means child, parent, parent-in-law, grandparent, grandchild, sibling, spouse or registered domestic partner.
Retirement:
Employees will not earn Public Employees’ Retirement System (CalPERS) or State Teachers’ Retirement System (CalSTRS) service credit for the 50% NDI-FCL wages but would receive partial credit if they supplement 75% or 100%. Employer contributions to employees’ retirement account will not be made while receiving NDI-FCL. CalPERS and CalSTRS credit are earned for the time worked or supplemented with accrued leave.
Other:
Parties agree to support legislation to amend applicable Government Codes including section 19878.5 as well as any applicable California Code of Regulations to provide NDI-FCL to represented bargaining unit 9 employees.
All appeals of a denial of an employee’s NDI benefits shall only follow the procedures in the Unemployment Insurance Code and Title 22. All disputes relating to an employee’s denial of benefits are not grievable or arbitrable. This does not change either party’s contractual rights which are not related the denial of an individual’s benefits.