When are employers required to provide the California For Your Benefit: Programs for the Unemployed Booklet?
Every California employer registered with the California Employment Development Department (EDD) under the provisions of Section 1086 of the California Code of Regulations is required to provide any worker separating from employment for specified reasons with information on programs offered by the EDD to assist unemployed Californians.(22 CCR § 1089-1).
Specifically, 22 CCR 1089-1(d) provides that:
(d) When an employer discharges, lays off, or places an employee on leave of absence, the employer shall give to the employee the following notices:
(1) Written notice of his or her unemployment insurance benefit rights by providing the pamphlet identified in subdivision (b)(3) [“For Your Benefit: California’s Program for the Unemployed,” Pamphlet DE 2320] of this section. The notice of unemployment insurance benefit rights shall be given no later than the effective date of the action;
(2) Written notice regarding the change in the employee’s status. The notice of change of status shall be given no later than the effective date of the action and shall contain at a minimum:
(A) The name of the employer;
(B) The name of the employee;
(C) The social security account number of the employee;
(D) Whether the action was a discharge, a layoff, a leave of absence, or a change in status from employee to independent contractor; and
(E) The date of the action.
What does the booklet cover?
The booklet provides information about state programs that offer wage replacement benefits and reemployment services. This includes:
- Unemployment Insurance (UI) benefits
- State Disability Insurance (SDI) benefits
- Paid Family Leave (PFL) benefits
- EDD Workforce Services’ employment services
The booklet details employee rights, benefits and obligations, such as:
- UI eligibility requirements
- who should file a UI claim, when to apply for benefits, and what you need to apply
- types of claims
- calculating benefits, eligibility determinations, manner of payment, and benefits tables
- the appeals process
- workers not covered by UI
- special programs for job seekers
- fraud detection, audits, and claimant verification
- other programs that may provide benefits to employees
- how to get information and help from the Employment Development Department
Are California employers required to distribute any other pamphlets?
The following pamphlets must also be provided to employees:
- Required California Sexual Harassment Pamphlet
- Required California Workers’ Compensation Time of Hire Booklet
- Required California Disability Insurance Provisions Pamphlet
- Required California Paid Family Leave Pamphlet
- Required California Employee Tax/EITC Information