The family and medical leave rights under California Family Rights Act (CFRA) have been expanded. It now applies in instances when a worker needs to take leave to care for their “chosen family” or “extended relatives.” AB 1041 was recently signed into law by Gov. Gavin Newsom, and will take effect starting on January 1, 2023.
Under CFRA, if an employer has 5 or more workers, then any employee is eligible if he has worked for that employer for at least 12 months, and at least 1,250 hours within that time period. This means that the employee has the right to take up to 12 weeks of family and medical leave to care for themselves or family members.
Before AB 1041, CFRA family leave may only be taken to care for a “relative,” which was limited by law to parents, parents-in-law, grandparents, grandchildren, siblings, spouses, or registered domestic partners. With modern families evolving beyond the traditional definitions of family relationship, the prior legal definition of “relative” left out some situations where workers found themselves compelled to take time off from work to care for loved ones that did not qualify as a “relative” within the definition of the law.
For example, a worker needing to care for a beloved cousin with COVID or some other serious illness could not rely on the CFRA’s guarantee that she could take leave without risk of losing her job. An employee whose young niece is injured while the child’s parents are out of town could not request CFRA-protected leave to stay home in order to care for that niece. A person in a long-term relationship with someone who is not a legally-recognized spouse or registered domestic partner would not be able to obtain leave under CFRA to care for that partner if they were stricken with a terminal disease.
But beginning in January 1, 2023, employees may identify a “designated person” for whom that employee can request a protected family leave. Such “designated person” is defined under the new law as “any individual related by blood or whose association with the employee is the equivalent of a family relationship.” Family leave taken to care for such “designated person” will be protected under CFRA. Paid sick days under California’s Sick Leave Law will also apply to care for the “designated person.”
Employers may require that an employee have only one “designated person” in a 12-month period. They may require proof that the “designated person” is actually someone whose relationship with the employee is equivalent to a family relationship. But even with these limitations, A.B. 1041 provides an important expansion of protections afforded to California employees. Now they can take take time off from work to take care of other loved ones, including extended family and those we choose to consider family.
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The opinions, beliefs and viewpoints expressed by the author do not necessarily reflect the opinions, beliefs and viewpoints of the Asian Journal, its management, editorial board and staff.
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The Law Offices of C. Joe Sayas, Jr. welcomes inquiries about this topic. All inquiries are confidential and at no-cost. You can contact the office at (818) 291-0088 or visit www.joesayaslaw.com. [C. Joe Sayas, Jr., Esq. has successfully recovered wages and other monetary damages for thousands of employees and consumers. He was named Top Labor & Employment Attorney in California by the Daily Journal, selected as Super Lawyer by the Los Angeles Magazine for 11 years, and is a past Presidential Awardee for Outstanding Filipino Overseas.]
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