Governor Gavin Newsom recently signed new legislation into law which will have a significant impact on all San Diego and California employers, large and small. SB1383 greatly expands the California Family Rights Act by requiring specified employers to provide up to 12 weeks of unpaid family and medical leave during each 12 month period. The new law also removes the requirement for employees to work within 76 miles of the “worksite.”
The new law, which took effect January 1, 2020, expanded the California Family Rights Act (CFRA) to apply to California and San Diego employers with five or more employees. The new law also expands the nature of who will qualify under the leave act as a “family member.”
SB1383 greatly expands the California Family Rights Act by defining “family members” to include a spouse, parent or minor child, unless the child is an adult and a dependent child (as previously established) as well as:
- Siblings
- Grandparents
- Grandchildren
- Domestic Partners
Children who qualify as “family members” has been expanded to cover all children regardless of age, dependence as well as children of a domestic partner.
SB1383 greatly expands the California Family Rights Act by removing an important provision which previously applied to situations where both parents worked for the same employer. The previous version of the law limited the amount of family leave to a total of 12 weeks leave associated with the birth, adoption or foster care placement of a child.
The updated SB1383 now requires an employer to provide 12 weeks to each of the employees in the above situation.
SB1383 presently also creates a significant challenge for employers with 50 or more employees. These employees are now covered “concurrently” by CFRA and the Family Medical Leave Act (FMLA). While both limit leave to 12 weeks, the expanded definition of a “family member” under SB1383 means it is possible for an employee to claim 12 weeks for one family member under FMLA and an additional 12 weeks for a sibling under CFRA for a total of 24 weeks of leave.
SB1383 greatly expands the California Family Rights Act by expanding the definition of a “family member” and allowing each employee to qualify for up to 12 weeks independently. This is why it is important for California and San Diego employers to draw upon the sound advice and counsel of the Watkins Firm.
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