Senate Bill 1383, which repeals and replaces the text of the CFRA and repeals the NPLA, was recently signed by Governor Newsom and is set to take effect on January 1, 2021.
Notable changes to existing CFRA provisions include:

  • New coverage of private employers with between 5 and 49 employees in the U.S. and at a least 1 California-based employee.
  • Requirements for employees to be within a given proximity of a worksite with a specific threshold of employees have been eliminated.
  • Removal of what is commonly known as a “key employee” exception in relation to employees’ reinstatement rights.
  • Availability of leave for a child of any age, a grandparent, a grandchild, a sibling, or a domestic partner with a serious health condition.
  • The addition of a qualifying exigency related to covered active duty as an eligible reason for leave.

Employers should take time now to determine the impact of granting leave to additional individuals and develop contingency plans. Displaying (and updating) the CFRA posting available from California’s Department of Fair Employment & Housing (DFEH) in physical California work locations and including information about CFRA leave in an employee handbook are required. You can find additional information about the CFRA leave here.

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