California extension of family rights act
- Senate Bill 1383 (SB 1383): Effective January 1, 2021, and significantly expands the state’s existing family and medical leave entitlements by repealing and replacing the existing CFRA (California Family Rights Act) with a new CFRA and repealing the NPLA (New Parent Leave Act). Employers with five or more employees will now be required to provide up to 12 weeks of unpaid, job-protected leave to their workforces to care for themselves or family members based on certain qualifying events.
- The definition of family member has been expanded under the Act, making it more extensive in many areas than the federal FMLA. As a result, there is the possibility for employees to “stack” leave during a single calendar year, which employers should be mindful of.
- Notably, employers who employ spouses and/or parents of the same child, are now required to provide up to 12 weeks of bonding leave to each spouse/parent, and can no longer require spouses/parents to share such entitlement. Employees who qualify for leave under the CFRA may apply for paid leave (partial wage replacement) under California’s Paid Family Leave and Disability Insurance programs.
By Megan Butz
General Counsel, HR Compliance, Checkwriters
Megan joined Checkwriters in 2020 and is responsible for reviewing, revising, and implementing internal policies of the company, advising on human resource, employment, and labor matters, and monitoring and publishing state and federal legal updates to the Checkwriters News and Compliance Center for distribution to thousands of clients around the country. Before joining Checkwriters, Megan served as a judicial law clerk for the justices of the Massachusetts Probate and Family Court performing legal research and writing, followed by private practice in Cape Cod.