Good Afternoon All Staff,
As the arrival of 2021 approaches, there have been a few changes in terms of the laws that cover certain types of protected leaves. Below are summarized explanations of the changes as well as a link to the full text of the law. All changes listed below are effective January 1, 2021.
SB 1383-California Family Rights Act (CFRA) (California FMLA) Expansion
This bill now does the following:
- Expands California FMLA time off to care for an eligible family member to now include grandparents, grandchildren, siblings and domestic partners. It also expands the definition of child to include the child of a domestic partner.
- For parents who work for the same employer, employers are required to provide 12 weeks of CFRA Baby Bonding leave for each parent.
- Expands CFRA leave because of a “qualifying exigency” (Military), related to covered active duty members, or call to covered active duty of an employee’s spouse, domestic partner, child or parent in the U.S. Armed Forces.
- If an employee uses leave for the care of an eligible family member, an employee is no longer required to use their sick leave, and may choose the type of accrued leave to take.
- If the time taken is for the employee’s own care, the employee will still need to take that time as sick leave.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB1383
AB 2399 -Paid Family Leave: Military Members and Care Recipients
This bill expands Paid Family Leave to include:
- Absences due to military service of a family member. for participation in a qualifying exigency related to the active duty or call to active duty of the individual’s spouse, domestic partner, child, or parent in the Armed Forces of the United States.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB2399
AB 2017 -California Kin Care* Paid Sick Leave Designation
*(Kin Care is what established the usage of 50% (Sick Family) of an employee’s annual sick leave accrual)
- If an employee uses leave for the care of an eligible family member, an employee is no longer required to use their sick leave, and may choose the type of accrued leave to take.
- If the time taken is for the employee’s own care, the employee will still need to take that time as sick leave.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB2017
AB 2992-Leave for Victims of Crime or Abuse
- Expands protection of time off for domestic violence victims to include victims of a crime or abuse to attempt or retain relief and for up to 12 weeks
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB2992
EPSL and EFMLA
Families First Coronavirus Response Act (FFCRA) leave benefits, including Emergency Paid Sick Leave (EPSL) and Expanded Family and Medical Leave (EFMLA), are set to expire December 31, 2020, unless it is extended.
While that is a lot of information, please know that we are here to help you navigate through any questions or concerns that you may have. Feel free to contact Elizabeth Garcia or myself to assist you.
Thank you.
Take care,
Allison Noren
Human Resources Chief
Equal Opportunity Officer
Sacramento Employment & Training Agency (SETA)
916-230-0560 (mobile)
916-588-9176 (eFax)
