California Governor Gavin Newsom recently signed into law SB 1383, which significantly expands the coverage and scope of the California Family Rights Act (CFRA). CFRA, the state analogue to the federal Family and Medical Leave Act (FMLA), requires covered employers to provide eligible California employees with up to 12 weeks of unpaid family and medical leave during each 12-month period. Among its many notable changes, the expanded law will apply to much smaller businesses, and include leave to care for additional family members.
The new law will go into effect on January 1, 2021, and includes the following changes:
Smaller Businesses Covered: Currently, CFRA applies to private employers with 50 or more employees within 75 miles of the worksite and all government employers. On January 1, 2021, CFRA will apply to all employers who employ five or more employees, and there will no longer be a requirement that the employee work within 75 miles of the worksite. Employees must still meet CFRA's eligibility requirements of 12 months of service, and 1,250 hours worked for the employer in the previous 12-month period, to qualify for leave.
Repeal of the California New Parent Leave Act: In light of CFRA's expanded employer coverage, California's New Parent Leave Act (NPLA), which requires employers with 20 or more employees in California to provide family and medical leave, will be repealed effective January 1, 2021.
Leave for Additional Family Members: Currently, employees may use CFRA leave for, among other things, the birth, adoption or foster placement of the employee's child, and to care for an employee's spouse, domestic partner, child or parent with a serious health condition. "Child" is currently defined to include minor children (under 18 years of age) and adult dependent children. Under the new law, CFRA leave may be taken to care for the following additional family members with a serious health condition: grandparents, grandchildren and siblings. In addition, the definition of child will expand to include all minor and adult children, regardless of whether they are dependent, and will also include children of a domestic partner.
Removal of Right to Refuse Reinstatement to Certain Employees: Currently, covered employers may refuse reinstatement to salaried employees returning from leave who are among the highest paid 10 percent of employees within 75 miles of the worksite, and where such refusal is necessary to prevent substantial and grievous economic injury to the employer's operations. Effective January 1, 2021, this refusal right will no longer apply.
Addition of Military Exigency Leave: CFRA, unlike FMLA, currently does not provide leave to employees for certain military-related exigency purposes. The new law, however, will provide leave due to a qualifying exigency related to the covered active duty or call to covered active duty of an employee's spouse, domestic partner, child or parent in the U.S. Armed Forces.
24 Weeks of Combined Leave for Parents Employed by the Same Employer: Currently, if an employer employs both parents of a child, it is authorized to grant a combined total of 12 weeks of leave to both employees for the birth, adoption or foster care of a child. Under the new law, however, employers must grant up to 12 weeks of leave to each employee for such purposes.
California employers should carefully review and update their existing family and medical leave policies and employee handbooks to account for the above changes.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
