November 2020

State Updates

 

California expands family leave law

10/01/2020

Author: ADP Admin/Wednesday, September 30, 2020/Categories: Compliance Corner , State Compliance Update, California

California has enacted legislation (Senate Bill 1383) that expands the California Family Rights Act to cover more workers and make other changes to the law. Senate Bill 1383 takes effect January 1, 2021.

Background:

Under the current California Family Rights Act (CFRA), employers with 50 or more employees must provide eligible employees with up to 12 workweeks of unpaid leave to bond with a new child or to care for themselves, a child, a parent, or a spouse with a serious health condition. In cases in which both eligible parents are employed by the same employer, the parents are entitled to a combined total of 12 weeks of leave if it's to bond with a new child. To be eligible for CFRA leave, employees must:

  • Have more than 12 months of service with the employer;
  • Have at least 1,250 hours of service with the employer during the previous 12-month period; and
  • Work at a worksite in which the employer employs at least 50 employees within 75 miles.

Under the New Parent Leave Act (NPLA), employers with 20 or more employees must provide eligible employees with up to 12 weeks of parental leave to bond with a new child.

Senate Bill 1383:

Senate Bill 1383 expands the CFRA in the following ways effective January 1, 2021:

  • Employers with five or more employees must provide CFRA leave.

Note: The length-of-service requirement (more than 12 months) and hours-of-service (1,250 in previous 12 months) still apply.

  • Eligible employees may also use CFRA leave to care for a domestic partner, grandparent, grandchild, sibling, or parent-in-law who has a serious health condition.
  • The definition of a "child" also includes a child of a domestic partner.
  • Eligible employees may also take CFRA leave because of 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 Armed Forces of the United States.
  • If both eligible parents work for the same employer, each parent is entitled to 12 weeks of CFRA leave, even if the leave is to bond with a new child.

Due to the expansion of the CFRA, Senate Bill 1383 repeals the New Parent Leave Act.

Compliance Recommendations:

California employers with five or more employees should review policies, practices, and supervisor training to ensure compliance with Senate Bill 1383. Please contact your dedicated service professional with any questions.

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