On September 17, 2020 Governor Gavin Newsome signed SB 1383, which expands job protection for individuals taking family and medical leave under the California Family Rights Act (CFRA). The law becomes effective on January 1, 2021.
Under current law, employees at organizations with 50 or more employees can obtain 12 weeks of leave within a 12-month period once they have worked for at least 1,250 hours. Cal. Gov. Code § 12945.2. They may take the leave for the purpose of engaging in family care or medical leave.
Family care and medical leave encompasses:
- leave to care for a newly expanding family with a child from birth, adoption, or foster care;
- leave to care for a parent or spouse; and
- leave due to the employee’s own serious health condition.
Under the new law, the employees covered will expand from companies with 50 or more employees to companies with 5 or more employees. Additionally, the law expands the definition of care to include caring for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner. The law will grant additional protection for exigent circumstance created by active duty or the active duty of a spouse, domestic partner, child, or parent in the Armed Forces.