Paid family leave when company is shutting down

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California law question, please don't make this political (Moderators please delete any political bash comments on my behave):

So my wife's company announced a couple weeks ago they will shut down the US operation and everyone will be let go on 7/31. Also a few days ago my wife's mom while travelling in Taiwan got a diagnoses of ovarian cancer, with a 13cm tumor and a reading (forgot what it is) that is 600 vs a baseline (non cancer) of 30. Mom in law is 75 years old and has a family history of ovarian cancer, so it is pretty obvious that she will need a surgery asap as it is going to be a pretty late stage cancer plus chemo afterward.

We are currently making decision on whether she should operates in Taiwan (can start in late July, cost is about 2k US copay, but need to find a place to stay for MIL and wife and possibly FIL, not being her home, plus cost to change flight schedule which is a small amount relatively speaking) or in the US (Kaiser Medicare / Medical, cost is $178 copay, stay at her own home, but will likely need to wait for 2 months if fail to expedite ahead of other more urgent patients). The chemo is likely going to be in the US regardless of where the operation is done.

Wife's company will likely not pay for any severance but wife still has time to apply for the Family Care Medical Leave before the company is shut down. My understanding is since the company is shut down she will not be able to get her job back anyways. She was going to apply for unemployment (EDD) initially but now that she is likely going to take care of her mom, she may be qualified for Paid Family Leave as a short term disability leave. What I do not know is whether this would work if the employer is shut down completely or not, and whether she will be able to stack that with unemployment (EDD) after the paid family leave is over. Does anyone have any experience on how this work?
 
Also it looks like in 2021 the definition of "family" has extended to parents in law as well. I am also scheduled to be laid off by 7/28 (yes we are going to be a both laid off family soon), so I guess if qualified I will be apply this as well.
 
Family leave doesn't continue your wages, it only "saves" a position at the company for when you return. What's the point of dealing with this, as you say, when the company is shutting down and there's nothing to return to ? Even STD is paid by the company but if they cease to exist, that benefit will likely end as well. Only saving grace might be if the company maintains payroll for others who will receive severance.
 
FMLA is unpaid. However-California considers "vacation time" accrued wages and must be paid when you leave. There is no "use it or lose it vacation time" situation in California. So make sure she gets her vacation time paid. If they don't pay it-you can claim that as a loss on your income tax return. (Consult a tax professional)
One of the better labor laws I may add.
 
So after some research, I'm not looking for FMLA or CFRA which are both unpaid. I'm looking at the Paid Family Leave (PFL) under the state disability insurance program (SDI). Looks like it is up to 8 weeks and $1357 per week.
 
Not an expert but in case you did not find this page:


From the top of the page:

To be eligible for PFL benefits, you must:
  • Be unable to do your regular or customary work.
  • Have lost wages due to the need to:
    • Provide care for a seriously ill family member
    • Bond with a new child
    • Participate in a qualifying event resulting from a family member's military deployment to a foreign country. For more information about specific eligibility requirements for military family members, visit Paid Family Leave – Military Assist.
  • Be employed or actively looking for work at the time your family leave begins.
 
I don’t know about your situation or how it works in CA, but I believe when my wife took a year off for each of our kids, she got a fraction of her salary under family leave or equivalent, and the payments came from NJ, not her employer.

So if your wife would get payments from CA, it would seem that she would be eligible and the payments woukd continue regardless of company status… unless they have to register that she is laid off…
 
So why not just go straight to taking unemployment, assuming it is a higher amount anyways? Does she not anticipate finding a new job before unemployment runs out and that's why you want to stack it? Sorry to hear you both will be out of work...but I suppose it's the Silicon Valley norm from what I understand.
 
So why not just go straight to taking unemployment, assuming it is a higher amount anyways? Does she not anticipate finding a new job before unemployment runs out and that's why you want to stack it? Sorry to hear you both will be out of work...but I suppose it's the Silicon Valley norm from what I understand.
She may actually take some time off to take care of her mom instead of looking for the next job asap. What looks like her mom has is a pretty late stage cancer but won't know until she is operated on.
 
i would go to Taiwan and have it done. unless you need to stay in a big city like Taipei , tai chung or kao shung i don't think its too expensive , especially in the outer areas .

a friends mom had cancer also and stayed in taiwan for 6 months and came back .
 
i would go to Taiwan and have it done. unless you need to stay in a big city like Taipei , tai chung or kao shung i don't think its too expensive , especially in the outer areas .

a friends mom had cancer also and stayed in taiwan for 6 months and came back .
It is in Taipei, I think the rent would be between $900 (if you are on standby list, sort of risky) or a full on apartment (NTD 79000, $2633 USD) depends on the quality per month.
 
Also it looks like in 2021 the definition of "family" has extended to parents in law as well. I am also scheduled to be laid off by 7/28 (yes we are going to be a both laid off family soon), so I guess if qualified I will be apply this as well.
Wow! Panda, I am so sorry to hear of all this, family facing serious cancer and both you and your wife getting laid off at the same time! I can’t imagine how stressful this must be. I don’t have an answer to your original post, it’s a complex bit of labor law, but this situation is incredibly stressful and challenging.
 
So why not just go straight to taking unemployment, assuming it is a higher amount anyways? Does she not anticipate finding a new job before unemployment runs out and that's why you want to stack it? Sorry to hear you both will be out of work...but I suppose it's the Silicon Valley norm from what I understand.
If the amount is $1357/wk, that far outstrips any possible unemployment I’ve ever heard of. I think the max “benefit” from Indiana is like $350/wk and they take taxes out of that.
 
In tech, that is not true at all.

Then its a great time for a career change.

Thousands of different jobs out there, don't get yourself stuck in a rut.
Or maybe it's time to go self employed.

Open a business in something that will always be needed, maybe a farm, gravel pit, or something.
People have to eat, and people will always be buying gravel.
 
Then its a great time for a career change.

Thousands of different jobs out there, don't get yourself stuck in a rut.
Or maybe it's time to go self employed.

Open a business in something that will always be needed, maybe a farm, gravel pit, or something.
People have to eat, and people will always be buying gravel.
Clearly, you’re unfamiliar with how lucrative tech compensation is.
 
Clearly, you’re unfamiliar with how lucrative tech compensation is.

I will admit to knowing nothing about it.

But even a small gravel pit will put 2 million dollars in your pocket at the years end, after all expenses and taxes.
Many will be 3 to 5 million.

Sell a measly 200 loads of gravel per day, at a very meager profit of only $50 per load, that is $10,000 per day profit.
I would consider that a rather poor pit to.
 
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