November 10, 2022 --
The Legislature Has Expanded The California Family Rights Act And California’s Paid Sick Time Law To Allow Eligible Employees To Take Leave To Care For A “Designated Person”
Presently, the California Family Rights Act (“CFRA,” Government Code §12945.2) requires all public agency employers, and any employers with 5 or more employees, to provide eligible employees (those who have more than 12 months of service with the employer and at least 1,250 hours of service in the preceding 12 months) with up to 12 workweeks of leave for specified family and medical reasons, including to care for the employee’s child, parent, grandparent, grandchild, sibling, spouse or domestic partner who has a serious health condition (referred to as “CFRA leave”). As a result of new State law (AB 1041), beginning on January 1, 2023, the above list of family members for whom the employee can take CFRA leave will include a “designated person” who has a serious health condition.
The amended CFRA law defines “designated person” as any individual related by blood or whose association with the employee is the equivalent of a family relationship. For instance, an employee will now be able to take CFRA leave to care for an aunt, uncle, cousin or other relative not previously included within the scope of CFRA. The employee may make the designation at the time of the request for CFRA leave. An employer may limit an employee to one designated person for which CFRA leave may be used per 12-month period.
The Legislature also has amended California’s paid sick time law, known as “The Healthy Workplaces Healthy Families Act.” The recent amendment to this law, found at Labor Code §245.5, adds “designated person” to the list of individuals for whom an employee can use paid sick time.
Attorneys at Aleshire & Wynder can review an employer’s family and medical leave policies and forms to evaluate whether their sick time policies and procedures require revisions to comply with these new requirements, as well as review applicable labor agreements to determine whether changes are needed.
It is anticipated the California Civil Rights Department (formerly the California Department of Fair Employment and Housing) will issue new regulations and posters regarding the change to the CFRA, and that the California Labor Commissioner will issue a new paid sick time poster.
Aleshire & Wynder LLP provides unparalleled legal representation to local communities throughout California. Our attorneys have been loyally serving public agencies for over 35 years.
For further information, please contact Monna R. Radulovich of Aleshire & Wynder, LLP’s at firstname.lastname@example.org. Ms. Radulovich practices exclusively labor and employment law. She regularly advises employers regarding employee relations, and compliance with labor and employment laws and applicable labor agreements
Or Joan Pugh Newman of Aleshire & Wynder, LLP’s at email@example.com. Ms. Pugh Newman’s specialty is advising employers regarding employee relations and compliance with employment laws, including the Family and Medical Leave Act, the California Family Rights Act, the Pregnancy Disability Leave Act, the Americans with Disabilities Act, and State discrimination laws.
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