Effective January 01, 2023
Affects Employers with 1 or more employees and Employers with 5 or more employees.
Overview
Qualifying California employees are eligible for protected leave to care for a family member under the California Family Rights Act (CFRA) and they may utilize sick time in accordance with the state’s Paid Sick Leave Law. Now, under AB 1041, they may also request protected leave or use paid sick leave to care for a “designated person”. So, what is a designated person and how does it work with CFRA and paid sick leave?
Employers with 1 or more employees
Employers with 1 or more employees, in addition to the current allowable reasons, must allow employees to utilize accrued paid sick leave to care for a designated person. Under the bill’s definition, a “family member” includes a designated person “…identified by the employee at the time the employee requests paid sick days”. Unlike the definition for CFRA, it does not specify relation by blood nor equivalent family relationship, making the definition for paid sick leave broader. Under the paid sick leave definition, the employer is allowed to limit an employee to 1 designated person per 12-month period identified at the time the employee requests paid sick leave. Employees do not need to identify their designated person in advance of the request for paid sick leave.
Employers with 5 or more employees
Employers with 5 or more employees, in addition to the current allowable reasons and qualifications, must allow employees to take protected leave under CFRA to care for a designated person with a serious health condition. Under the bill’s definition, a designated person is “any individual related by blood or whose association with the employee is the equivalent of a family relationship.” Much like paid sick leave, under the CFRA definition, the employer can limit an employee to 1 designated person per 12-month period identified when the employee requests CFRA leave. Employees do not need to identify their designated person in advance of the request for CFRA leave.