Has California Expanded Its Family and Medical Leave Entitlements?

At Romero Law, APC, our experienced employment law attorneys in Pasadena represent clients throughout California whose employers are not compliant with the sweeping changes made to the California Family Rights Act (CFRA) that went into effect on January 1, 2021.

Senate Bill No. 1383 expanded the CFRA to include employees with as few as five employees and expands the qualifying reasons to use family and medical leave, along with the categories of family members for whom leave may be taken.

Here is what California employees need to know about their expanded leave rights in the workplace.

Employers With Five or More Employees Must Comply With Expanded CFRA Amendments

Employers with as few as five employees will be covered by CFRA, down from the initial requirement for compliance by employers with 50 or more employees.

The CFRA Geographic Limitations Have Been Removed

The previous Act required that qualifying employees be located within a 75-mile radius of their employer to be covered. That limitation was removed, effective January 1, 2021.

Family Care and Medical Leave Categories Have Been Expanded

Family care and medical leave categories — meaning those for whom the employee could take CFRA to leave — previously included:

• Spouses
• Minor Children
• Parents
• Adult Dependent Children

In addition to those listed, the Act has been expanded to also include:

• All Adult Children
• Domestic Partners
• Children Of Domestic Partners
• Grandchildren
• Grandparents
• Siblings

Our Pasadena Employment Law Attorneys Also Focuses on the Following Practice Areas:

• Employment Misclassification
• Fair Employment and Housing Act
• Racial Discrimination
• Wage & Hour Law
• Whistleblower Retaliation
• Workplace Safety Lawsuit

Expanded Leave for Parents Who Work for the Same California Employer

Before the expanded Act became official in 2021, parents working for the same employer were required to split 12 weeks of CFRA leave in connection with the birth, adoption, or foster care of a child they shared.

Now, both parents are entitled to 12 weeks of protected leave each.

Active-Duty Military Demand Coverage

Military families are now eligible for a qualifying exigency related to the covered active duty or call to covered active duty of an employee’s spouse, domestic partner, child, or parent in the Armed Forces of the United States.

Highest-Paid Employees Exception Has Been Removed from the Act

Before 2021, employers could refuse CFRA leave for salaried employees who were among the highest-paid 10% of the employees in the company if their presence within the organization was necessary to prevent substantial and grievous economic injury to the operations of the employer.

That is no longer the case.

Has Your Employer Violated Your CMFA Leave Rights?

If you are being denied CMFA leave rights that are covered by SB-1383, contact our experienced Pasadena employment lawyer to discuss your unique workplace circumstances today.

Contact Our Skilled Employment Law Attorneys in Pasadena, California Today

Our employment law firm and Romero Law, APC staff offer services in both English and Spanish and are available now to discuss your case during a free consultation by calling 626-396-9900 or contacting us online.