February 26, 2021

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California Law Expanding CFRA Rights to Flight Crew Employees Closer to Enactment

The California Assembly has passed a bill that would expand the California Family Rights Acts to apply to flight crew employees. Assembly Bill 1748 (AB 1748) has passed through the assembly, and is awaiting the signature of Governor Gavin Newsom.

As the law currently stands, the often atypical work schedules of many flight deck and cabin crew members of air carriers renders them ineligible for protected leave under the California Family Rights Act due to the work hour requirements of CFRA.  The new law will effectively amend California Government Code section 12945.2 to conform to the FMLA service requirement for airline flight employees.

Under this law, flight deck and cabin crew members of air carriers will be eligible for protected leave under the California Family Rights Act so long as they:

  1. They have worked or been paid for not less than 60 percent of the applicable total monthly guarantee or equivalent annualized over the proceeding 12 month period; and
  2. have worked or been paid for not less than 504 hours during the 12 months prior to their leave.

The new law will further authorize California’s Department of Fair Employment and Housing to adopt regulations to calculate leave available to flight crew employees under these provisions. We will continue to monitor and provide updates on AB 1748.

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Jackson Lewis P.C. © 2020National Law Review, Volume IX, Number 269
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About this Author

Emilia A. Arutunian Employment lawyer Jackson Lewis
Associate

Emilia A. Arutunian is an Associate in the San Diego, California, office of Jackson Lewis P.C. Her practice focuses on representing employers in workplace law matters, including preventive advice and counseling.

While attending law school, Ms. Arutunian completed an externship with the Honorable Larry Alan Burns, the Chief United States District Judge of the United States District Court for the Southern District of California.

Ms. Arutunian is an active member of the American Bar Association Rule of Law Initiative, an...

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