On September 17, 2020, California Governor Newsom signed SB 1383 into law significantly expanding eligibility for family care and medical leave under the California Family Rights Act (“CFRA”). These changes are effective January 1, 2021.
Currently, the CFRA makes it an unlawful employment practice for any employer with fifty (50) or more employees to refuse to grant a leave request by an employee who has at least 1,250 hours of service with the employer during the previous 12-month period. Under current law, that employee may take up to 12 workweeks of unpaid protected leave during any 12-month period to bond with a new child of theirs or to care for themselves, a child, a parent or spouse. In addition, the CFRA currently authorizes an employer to refuse the request if there are fewer than 50 employees living within 75 miles of the worksite or if the employee’s salary is among the highest 10% of all employees.
Effective January 1, 2021, the CFRA applies to all employers with five (5) or more employees and provides some significant eligibility and coverage enhancements which will require HR professionals to update their leave policies and understand how these changes interact with other leave laws, and vacation and sick day entitlements. On Thursday, November 19, 2020, we will be conducting an interactive webinar to review the law, the required administrative changes and answer any questions.
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