California Unemployment Insurance Code § 316

Unemployment Insurance Code
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(a) For purposes of this section, the following definitions shall apply: (1) “Additional languages” means the top 8 to 15 non-English and nonprimary languages used by limited English proficient adults in California according to the most recent American Community Survey by the United States Census Bureau. (A) Whether referring to written or spoken languages, the eight additional languages in 2021 are Arabic, Farsi, Punjabi, Russian, Japanese, Hindi, Mon-Khmer (Cambodian), and Thai. (B) The department shall thereafter review, evaluate, and update the list of additional languages at least every three years. In determining how many languages to include in the definition of “additional languages,” the department may consider various data sources, including, but not limited to, the United States Census Bureau, including the American Community Survey, other state and local government agencies, feedback from community-based organizations, and the department’s own data tracking measures. (2) “Limited English proficient” means individuals who do not speak English as their primary language and who have a limited ability to read, write, understand, or speak English. (3) “Linguistic variant” means a distinct form of a language used by people from a specific country or region. (4) “Multilingual access portal” means the section of the department’s website that synthesizes critical website content and features all translated vital unemployment insurance documents. (5) “Primary languages” means the top seven non-English languages used by limited English proficient adults in California according to the 2019 American Community Survey by the United States Census Bureau. (A) When referring to written languages, the top seven languages are Spanish, traditional Chinese, simplified Chinese, Vietnamese, Tagalog, Korean, and Armenian. (B) When referring to spoken languages, the top seven languages are Spanish, Cantonese, Mandarin, Vietnamese, Tagalog, Korean, and Armenian. (6) “Vital information” means information, whether written, oral, or electronic, that is necessary for an individual to understand how to obtain any aid, benefit, service, or training or is required by law. (b) There shall be maintained within an appropriate division of the department, a bureau, section, or unit relating to education and public instruction for the purpose of informing employers and workers of their rights and responsibilities under this code, and of instructing the public generally concerning its basic purposes, provisions, and operations. All standard information employee pamphlets concerning unemployment and disability insurance programs shall be printed in English and the primary languages. (c) Commencing no later than June 1, 2022, each application for unemployment insurance shall contain a section asking the individual to identify their preferred written and spoken or signed languages to be kept in the individual’s claims record. (d) Commencing no later than January 1, 2022, the department shall provide oral and signed language unemployment insurance services in real time by qualified interpreters or qualified bilingual staff. (1) If the department staff cannot obtain interpretation in the individual’s language and linguistic variant in real time after good faith efforts to acquire language services, the department shall provide the individual with a return telephone or relay call in the individual’s language within a reasonable timeframe. (2) Upon the individual’s request, a qualified interpreter shall read the department’s documents and notices aloud in the individual’s preferred language within a reasonable timeframe. (e) (1) Commencing no later than December 1, 2022, the department shall do all of the following: (A) Provide dedicated phone lines for unemployment insurance claims in the primary languages in an effort to provide consistent wait times across all phone lines and collect and review data on phone usage b

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