On behalf of Fairchild Employment Law | October 18, 2022 | California Leave Laws
California Governor Newsom just signed AB 1041 into law to expand California’s state family and paid sick leave by allowing employees to take protected time off to care for a “designated person.” Starting on January 1, 2023, this will impact employees’ rights under the California Family Rights Act (CFRA) and Paid Sick Leave in California.
California Family Rights Act
Under the current version of the CFRA, eligible employees may take job-protected leave to care for their child, parent, parent-in-law, grandparent, grandchild, sibling, spouse, or registered domestic partner. AB 1041 adds a “designated person” to the list. The bill defines designated person as “any individual related by blood or whose association with the employee is the equivalent of a family relationship.” The “designated person” may be identified by the employee at the time they request the leave. An employee may be limited to one designated person per 12-month period.
Paid Sick Leave
In addition to expanding CFRA, AB 1041 adds a “designated person” to the list of family members an employee may take time off to care for under California’s Paid Sick Leave law. For purposes of paid sick leave, a “designated person” is defined differently and more broadly. This definition is “a person identified by the employee at the time the employee requests paid sick days.” Interestingly, this definition does not require that the person be related by blood or be “the equivalent of a family relationship.” This broad definition could include an unrelated person, including a roommate or neighbor. As under CFRA, employers are permitted to limit an employee to one designated person per 12-month period for paid sick days.