Senate Bill 1383 (SB 1383): Effective January 1, 2021, and significantly expands the state’s existing family and medical leave entitlements by repealing and replacing the existing CFRA (California Family Rights Act) with a new CFRA and repealing the NPLA (New Parent Leave Act). Employers with five or more employees will now be required to provide up to 12 weeks of unpaid, job-protected leave to their workforces to care for themselves or family members based on certain qualifying events.
The definition of family member has been expanded under the Act, making it more extensive in many areas than the federal FMLA. As a result, there is the possibility for employees to “stack” leave during a single calendar year, which employers should be mindful of.
Notably, employers who employ spouses and/or parents of the same child, are now required to provide up to 12 weeks of bonding leave to each spouse/parent, and can no longer require spouses/parents to share such entitlement. Employees who qualify for leave under the CFRA may apply for paid leave (partial wage replacement) under California’s Paid Family Leave and Disability Insurance programs.
