February 26, 2021

Volume XI, Number 57

Advertisement

February 26, 2021

Subscribe to Latest Legal News and Analysis

February 25, 2021

Subscribe to Latest Legal News and Analysis

February 24, 2021

Subscribe to Latest Legal News and Analysis

February 23, 2021

Subscribe to Latest Legal News and Analysis

California Expands Its Already Generous Leave Requirements To Cover Even Smaller Employers

Amidst the COVID-19 pandemic and the flurry of associated leave issues, Gov. Newsom recently signed Senate Bill 1383 (“SB 1383”) into law, which provides up to 12 weeks of job-protected leave under the California Family Rights Act (“CFRA”) to employers with as few as five employees.  Beginning on January 1, 2021, when SB 1383 takes effect, employees of most small employers will be eligible for leaves of absence: (1) for the birth of a child; (2) for adoption or foster care placement of a child; (3) to care for a seriously ill family member; and/or (4) to care for the employee’s own serious health condition.

In addition to significantly increasing the number of employers to which the CFRA applies, SB 1383 also expands the definition of a “seriously ill family member” to include grandparents, grandchildren and siblings.  It also permits eligible employees to take CFRA leave for a qualifying exigency related to the covered active duty or call to covered active duty of the employee’s spouse, domestic partner, child, or parent in the Armed Forces of the United States.

The California Chamber of Commerce identified SB 1383 as a “Job Killer” bill due to the significant administrative burden it places on small employers, “as well as increased litigation threats for small businesses trying to reopen during COVID-19 while simultaneously administering a complex and technical leave of absence.

Employers small and large alike should review their CFRA and related leave policies and practices to ensure compliance with these changes.

Advertisement
© 2020 Proskauer Rose LLP. National Law Review, Volume X, Number 280
Advertisement

TRENDING LEGAL ANALYSIS

Advertisement
Advertisement

About this Author

Anthony J Oncidi, Employment Attorney, Proskauer Rose Law Firm
Partner

Anthony J. Oncidi heads the Labor & Employment Law Group in the Los Angeles office. Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection....

310-284-5690
Phillipe Lebel labor & Employment Attorney Los Angeles Proskauer Law Firm
Associate

Philippe (Phil) A. Lebel represents employers in all aspects of employment litigation, including wage and hour, wrongful termination, discrimination, harassment, retaliation, whistleblower, trade secrets, and breach of contract litigation, in both the single-plaintiff and class-action context, at both the trial and appellate level, and before administrative agencies. Phil also represents employers in connection with labor law matters, such as labor arbitrations and proceedings before the National Labor Relations Board. Additionally, Phil counsels clients to ensure compliance with federal...

+1.310.284.4558
Associate

Kristina Sidrak is an associate in the Labor & Employment Law Department and a member of the Employment Litigation & Arbitration Group. 

310-557-4518
Advertisement
Advertisement