Existing law authorizes the Employment Development Department to administer the unemployment disability compensation benefits program, which provides for the partial compensation for the wage losses suffered by an individual deemed disabled under the program. Existing law provides that an individual is deemed disabled for these purposes on any day in which, because of their physical or mental condition, the individual is unable to perform their regular or customary work, and defines “disability” for that purpose to include, among other things, an illness or injury, whether physical or mental, including any illness or injury resulting from pregnancy, childbirth, or related medical condition.

Existing law specifies that a disabled individual is eligible to receive disability benefits equal to 1 7 of their weekly benefit amount for each full day during which the individual is unemployed due to a disability only if the director finds that, among other things, the individual has made a claim for disability benefits as required by authorized regulations and the individual has filed a certificate of a treating physician or practitioner that establishes, among other things, the sickness, injury, or pregnancy of the employee, as specified. Existing law requires the maximum amount of benefits payable to an individual during any one disability benefit period to be 52 times their weekly benefit amount, as specified, and except as specified.

This bill would, notwithstanding any other law or practice to the contrary, provide that any individual who is deemed disabled on the basis of any illness or injury resulting from pregnancy, childbirth, or related medical condition and is determined to be eligible to receive disability benefits for those purposes is eligible to receive those disability benefits for a period of no less than 12 weeks following childbirth.