The California Family Rights Act Is Expanding!

September 19, 2020 – Governor Newsom has signed legislation that greatly expands the California Family Rights Act (“CFRA”). The CFRA requires covered employers to provide up to 12 weeks of unpaid leave during each 12-month period for purposes of family and medical leave, including for an employee’s serious health condition, the serious health condition of a “family member,” and for baby bonding leave.

Senate Bill 1383 does two main things:

1) It expands CFRA coverage to all employers with five or more employees, down from 50, and eliminates the requirement that employees work within 75 miles of the worksite. Therefore, CFRA will now apply to much smaller employers.
2) It significantly expands the definition of “family members.” It now allows CFRA leave to be used to provide care for grandparents, grandchildren, siblings, parents-in-law, domestic partners, adult children, and children of domestic partners.

SB1383 also makes other important changes to the CFRA. For example, it removes the provision that specifies that if both parents work by the same employers, the employer is not required to provide more than a total of 12 weeks for leave in connection with the birth, adoption or foster care placement of a child. Therefore, an employer may now be required to provide 12 weeks to both employees.

The law will go into effect on January 1, 2021.

Know your rights,

SK