Major Changes Expand Access and Coverage for Employee Leave
In recent years, California has made significant updates to its family and medical leave laws to better support the needs of employees. The California Family Rights Act (CFRA), which provides eligible workers with job-protected leave for qualifying family and medical reasons, has undergone key expansions that broaden access and coverage. Employers and employees alike should be aware of these important changes.
Key Provisions of CFRA Leave
Under CFRA, eligible employees are entitled to up to 12 workweeks of unpaid, job-protected leave in a 12-month period for certain family care and medical reasons. Qualifying reasons for leave include:
- Bonding with a new child (by birth, adoption, or foster placement)
- Caring for a family member with a serious health condition
- The employee’s own serious health condition that makes them unable to perform their job
- Certain military exigencies related to a family member’s active duty
To be eligible, employees must have worked for their employer for more than 12 months and have at least 1,250 hours of service in the 12 months before taking leave. Employers covered by CFRA are required to provide a guarantee of employment in the same or a comparable position when the employee returns from leave.
Major Changes Effective January 1, 2023
As of January 1, 2023, CFRA has been expanded in several key ways:
1. Expanded definition of “family member”
CFRA leave can now be taken to care for a broader group of family members with a serious health condition. In addition to children, parents, spouses, and domestic partners, leave can also be used to care for grandparents, grandchildren, siblings, and parents-in-law.
This change reflects a more inclusive understanding of family structures and caregiving responsibilities. It allows employees to take time off to care for extended family members who may not have previously been covered.
2. Addition of “designated person”
Perhaps most notably, CFRA has been updated to allow employees to take leave to care for a “designated person.” A designated person can be any individual related by blood or whose association with the employee is the equivalent of a family relationship.
This is a significant expansion that lets employees determine who constitutes a person of importance in their life for whom they need to provide care. The designated person is identified by the employee at the time they request leave. Employers may limit employees to one designated person per 12-month period.
This change provides employees with greater flexibility to respond to the caregiving needs of their chosen family and support system.
3. Expanded application to smaller employers
Starting January 1, 2021, CFRA’s coverage was extended to much smaller employers. Previously, CFRA applied only to employers with 50 or more employees within a 75 mile radius. Senate Bill 1383 lowered this threshold to employers with just 5 or more employees.
This notable change significantly expands access to job-protected family and medical leave for employees working in smaller organizations across California.
Implications for Employers and Employees
These CFRA changes mean that many more employees in California now have the right to take job-protected leave. Employers of all sizes should ensure their leave policies and practices are compliant with CFRA’s expanded requirements. Some key considerations:
- Update employee handbooks and leave policies to reflect the CFRA changes
- Train managers and HR on handling leave requests under the revised law
- Have a process for documenting and tracking CFRA leaves
- Continue employee health benefits during CFRA leaves
- Provide required notices to employees about their CFRA rights
For employees, these changes provide enhanced rights and protections when leave is needed for family or medical reasons. Employees should familiarize themselves with their CFRA rights and give proper notice to their employer when requesting leave.
While CFRA leave is unpaid, employees may be eligible for wage replacement benefits through California’s Paid Family Leave or State Disability Insurance programs during their leave.
Supporting Californians with Inclusive Leave Rights
California’s recent updates to CFRA are a major step forward in providing more comprehensive, inclusive family and medical leave rights to employees across the state. By expanding definitions of family, adding the “designated person” option, and covering smaller employers, many more Californians now have the right to take job-protected time off to care for themselves and their loved ones.
As employers update their policies to comply with the evolving law, employees can take comfort in knowing they have the right to prioritize their health and the health of their family without sacrificing their job. Supporting workers with robust leave rights is crucial to promoting a healthier, more equitable workforce.
If you have questions about your rights under California’s family and medical leave laws or believe your CFRA rights have been violated, the employment law attorneys at Malk Law Firm are here to help. We can assess your situation, advise you of your legal options, and advocate for your right to take job-protected leave when needed. Contact us today for a consultation.
