California Family Rights Act

The California Family Rights Act (“CFRA”) has been expanded through SB-1383. Effective January 1, 2021, it is unlawful for any employer with five or more employees to refuse to provide covered employees up to 12 workweeks of unpaid, job-protected leave during any 12-month period to bond with a new child or to care for their own serious medical condition or that of the employee’s child, parent, spouse, or domestic partner. The law adds three categories of family members—grandparents, grandchildren, and siblings—and also eliminates the 75-mile radius for purposes of counting employees (but keeps the eligibility requirement that the employee must have worked at least 1,250 hours for the employer during the previous 12-month period). In addition, if both parents are employees, employers must now provide both of them with up to 12 weeks of bonding leave. Notably, the new law also repeals the New Parent Leave Act as of January 1, 2021, because the expanded CFRA now covers smaller employers and subsumes these requirements. 


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