Insights
Publications

California Expands Family and Medical Leave Law to Cover Small Employers

September 23, 2020 Articles

California Governor Gavin Newsom recently signed SB 1383, which expands employees’ leave entitlements under California’s Family Rights Act and New Parent Leave Act. Effective January 1, 2021, these leave provisions will apply to employers with as few as five employees. The law also expands the reasons for which eligible employees may take leave.

Through the end of 2020, only employers with 50 or more employees are required to provide up to 12 workweeks of unpaid, job-protected leave for an employee’s own serious health condition or that of a qualifying family member. Only employers with 20 or more employees are required to provide up to 12 workweeks of unpaid, job-protected leave to bond with a new child.

Effective January 1, 2021, California employers with five or more employees will be required to provide these leaves. To qualify for these leaves, employees still must have worked for the employer for more than 12 months, and for more than 1,250 hours during the previous 12-month period. As with prior law, employees are entitled to return from leave to the same or a comparable position and the employer must maintain coverage under a group health plan as if the employee had worked for the duration of the leave.

SB 1383 will also expand the reasons for which a qualified employee may take leave. Most notably, employees may now take leave to care for grandparents, grandchildren, and siblings, in addition to children, parents, spouses, and domestic partners. Additionally, employers must provide 12 workweeks of leave for a qualifying exigency related to certain family members’ call to active duty in the U.S. Armed Forces, and employers employing both new parents must now provide 12 workweeks of bonding leave to each parent instead of a combined 12 weeks for both parents.

Employers not previously covered by the California Family Rights Act and New Parent Leave Act should familiarize themselves with these laws and adopt policies incorporating their provisions. All covered employers should also update any policies or employee handbooks to account for these new provisions.

Firm Highlights

Publication

California Extends Presumption of COVID-19 as Workers’ Compensation Injury and Modifies Notice Requirements for Potential Exposure

In addition to AB 152 extending COVID-19 leave through December 31, 2022 , Governor Gavin Newsom has also signed into law two other COVID-related bills—AB 1751 and AB 2693—affecting employers’ policies regarding employees who...

Read More
News

Farella Braun + Martel Announces 2023 New Partner Class

Read More
News

Jaya Bajaj Named to Lawyers of Color Hot List 2022

Read More
News

Farella Braun + Martel Recognized in Benchmark Litigation 2023

Farella Braun + Martel continues to be ranked among the top litigation firms in California in the  Benchmark Litigation  2023 guide. Farella was ranked “Highly Recommended” for Dispute Resolution in California and earned a...

Read More
News

Farella Braun + Martel Earns 2023 U.S. News – Best Lawyers® "Best Law Firms" Rankings

Read More
Publication

Under FTC’s New Proposed Rule, Employers Will No Longer Be Able to Rely on Noncompete Agreements

The Federal Trade Commission (FTC) has proposed a rule that would prohibit the use of noncompete agreements in employment contracts. Noncompete agreements prevent employees and independent contractors from pursuing certain forms of employment &ndash...

Read More
Publication

California’s New Pay Transparency Law

Welcome to EO Radio Show – Your Nonprofit Legal Resource . Every January brings a slew of new laws that take effect at the federal and state level, and it seems that there are...

Read More
Publication

Employers Should Review Common Severance Agreement Terms Due to New NLRB Decision

Historically, employers have routinely included confidentiality and non-disparagement provisions in severance agreements with departing employees. Such provisions can be important for protecting sensitive personnel data or proprietary business information from disclosure. But in light...

Read More
Publication

Failures Are Valuable IP: Protect Your Startup’s Negative Trade Secrets

Technology companies and start-ups are familiar with protecting inventions with patents, and protecting their secret formulas, source code, and algorithms as trade secrets. But tech companies may not be aware of another powerful form of...

Read More
Publication

New Laws and Compliance Updates for California Employers in 2023

California has passed several new or amended employment laws covering topics ranging from off-duty marijuana use, reproductive rights, California Family Rights Act, COVID-19, criminal law and the workplace, new avenues of enforcement against employers...

Read More