Major Changes to California Medical Leave Law

In 2023, significant updates were made to California’s Family and Medical Leave Act (CFRA) through legislative amendments (Assembly Bill 1041). The key updates include:

1. Expansion of CFRA Leave: The California Family Rights Act (CFRA) provides eligible employees with up to 12 workweeks of unpaid leave in a 12-month period for family care and medical leave. This includes leave for the birth of a child, adoption, foster care placement of a child, to care for an immediate family member with a serious health condition, or the employee’s own serious health condition.
2. Eligibility Requirements: CFRA leave eligibility criteria remain consistent, requiring employees to have more than 12 months of service with the employer and at least 1,250 hours of service during the previous 12-month period.
3. Guarantee of Employment: Employers are required to provide a guarantee of employment in the same or a comparable position upon the termination of the leave, making it unlawful for employers to refuse to grant a request by an eligible employee for CFRA leave.
4. Definition of Family Members: The definition of family members for whom an employee can take leave to care for has been expanded. This includes not just children, parents, or spouses, but also grandparents, grandchildren, siblings, and domestic partners, reflecting a broader recognition of family structures.
5. Designated Person: Employees may also take CFRA leave to care for a “designated person” – any individual related by blood or whose association with the employee is the equivalent of a family relationship. This is a significant expansion, allowing employees to determine who constitutes a person of significance in their lives, with the option for employers to limit the designation to one person per 12-month period.
6. Serious Health Conditions: CFRA leave can be taken for serious health conditions that make the employee unable to perform the functions of their position, highlighting the importance of health and well-being in the workplace.

These changes piggyback on a major change in 2021. Before 2021, CFRA applied only to employers with 50 or more employees in a 75-mile radius, limiting access to family and medical leave protections for workers in smaller organizations. In 2021, Senate Bill 1383 dramatically lowered this size requirement to just 5 employees, significantly expanding worker access to leave benefits.

These updates reflect California’s ongoing commitment to supporting employees through significant life events, ensuring job protection, and promoting work-life balance. Employees should familiarize themselves with their rights under the updated CFRA to fully benefit from its protections.