At the end of September, Governor Newsom signed Assembly Bill (AB) 1041 into law, officially expanding the California Family Rights Act (CFRA). With the new bill, the state gives employees of most businesses significantly broader rights to family leave. When the bill goes into effect on January 1st, 2023, workers can take time off to care for a more comprehensive range of family members.
The bill changes the CFRA’s language regarding family leave and eligibility. Previously, workers could only take time to care for direct relatives, which prevented many people with non-traditional family structures from providing care for their loved ones. Under the new bill, workers may now take leave to care for a “designated person,” whom they may designate when requesting leave. While workers may only select one person every twelve calendar months, this is still significantly broader than the previous regulations.
AB 1949 was also approved in September, further expanding employee rights. The bill adds bereavement periods as a protected, unpaid form of time off, allowing workers to grieve and attend funerals for covered family members without risking their jobs.
The expansions to CFRA may seem small, but they will have an outsized impact on workers’ ability to care for their families. Below, we’ve broken down what you need to know about the CFRA, how these bills change it, and what to expect when AB 1949 and AB 1041 go into effect.
What You Need to Know About the CFRA
The CFRA is designed to protect workers’ jobs if they need time off to care for themselves or a loved one. Eligible employees have the right to take up to 12 weeks of unpaid leave during any 12-month period for qualified reasons. Furthermore, workers are guaranteed the right to return to their previous role or a functionally identical position after their leave ends. Approved reasons for CFRA leave include:
- Recovering from a serious health condition: If a worker has any mental or physical injury, illness, or condition that requires in-patient care, more than three days away from work, or ongoing treatment, they may use their CFRA time upon providing their employer with a doctor’s note.
- Handling issues related to pregnancy: Workers can take time off for disabilities related to pregnancy and to recover from labor.
- Welcoming a new child: The CFRA covers “child-bonding leave,” allowing parents of all genders to take time off work to welcome a new biological, adopted, or foster child to their family.
- Performing or supporting active-duty military service: Servicemembers and their immediate family members can take time off for specific issues related to active-duty service.
- Caring for ill family members: Employees can take time off to care for family members facing severe health conditions.
AB 1041 expands the last right significantly. Until it goes into effect in January, you may only take time to care for your children, grandchildren, parents, grandparents, or your spouse or registered domestic partner. Next year, you’ll be able to take leave to care for anyone you designate, allowing you to care for siblings, unmarried romantic partners, or anyone else who matters to you.
The addition of bereavement leave is also a groundbreaking change. You will be permitted to take up to five days of unpaid leave following the death of an immediate family member. These days will not count toward your overall CFRA leave.
Who Is Eligible for CFRA Coverage?
The CFRA is significantly broader than its federal equivalent, the Family and Medical Leave Act. However, it does still have its limitations. Last year, the law was expanded to cover all companies with five or more employees and all public institutions. Your employer is likely obligated to abide by the law.
There remain restrictions on worker eligibility, though. You are only eligible to request protected time off if:
- You’ve been employed at the company for at least 12 months before requesting time off.
- You’ve worked at least 1250 hours during your employment.
This means you are only eligible for leave if you work 75% of full-time or more.
Furthermore, you may not be eligible to request leave if you’ve already taken 12 weeks off under CFRA in the past 12 months. You have up to 12 weeks of time in total, not including bereavement leave. For instance, you may not take twelve weeks off at the end of your pregnancy and then another twelve weeks of child bonding time.
How to Fight Back Against CFRA Violations
Regardless of why you request protected leave, your employer may not penalize you. You have the right to return to your former position or a substantially similar role. You may not be demoted, fired, or your hours or pay cut for requesting CFRA time. If you suffer any of these retaliatory actions, you have the right to stand up to your employer and demand fair treatment under state law. Here’s how:
- File a complaint with your employers. Sometimes, just speaking up can be enough to approve your request. If not, filing a formal complaint still demonstrates that you tried to fix the issue without legal action.
- Talk to an employment law attorney. Consulting a legal professional helps you determine if you have a case. Your lawyer will also help you file an official notice of your employer’s actions with the California Civil Rights Department.
- Take action. Depending on your situation, your attorney will help you either negotiate with your employer or take legal action to get compensation for the losses you’ve suffered due to denied leave or retaliation.
Stand Up for Your Employment Rights in California
The CFRA provides valuable time off for employees with families, and ABs 1041 and 1949 make it even more effective. Until those laws go into effect, you still have plenty of rights guaranteed under California law.
If your employer tries to deny you CFRA leave or punishes you for taking it, you need legal help. At the Law Offices of Todd M. Friedman, PC, we are prepared to fight back against employers who don’t respect workers’ rights to care for their families. Schedule your complimentary consultation today to learn how we’ll advocate for you in your CFRA case.
