New California Family Rights Act (CFRA) Goes Into Effect January 1, 2021

Brett Sutton is joined by two members of his team, Sandra Lepson and Evelin Bailey, to discuss the upcoming changes to CFRA and what employers need to know about the new SB-1383 expansion. The team also dives into FMLA and how this will be adjusted/used in combination with these new CFRA changes. There’s a lot to cover in this week’s podcast, so let’s jump right in.

Highlights:

• What is the current CFRA law?
• A covered employer has to have 50 or more employees under the CFRA and Family and Medical Leave Act (FMLA).
• Who is an eligible employee under CFRA vs. FMLA?
• What are some qualifying reasons an employee can take leave?
• How does military leave apply under the FMLA?
• A family member can leave for up to 26 workweeks to care for an injured military member. This is unpaid, but it is job-protected leave.
• Evelin shares what leave is available under California law vs. Federal law.
• What are the upcoming CFRA changes and whom will they impact?
• Brett weighs in on what he’s seen when it comes to layoffs during the pandemic.
• The definition of family member is changing.
• Employees can take on the care of the elderly grandparent for up to 12 workweeks and they’d still be eligible for personal leave for up to 24 workweeks. This is where things get complicated.
• Parental leave laws and how they’re changing in 2021.
• What happens if the CEO or an executive member needs to take leave?
• Any employer with five or more employees has to comply with the pregnancy disability leave law.
• Your employee handbook needs to be updated!
• Make sure you designate the leave in writing!
• What is the max potential for taking leave? Your employee could technically be out on leave for 56 workweeks.
• What questions should you ask your employee before they take their leave?
• Things to think about when it comes to the health insurance benefits.
• Regulations are still being ironed out, which means you have to check in with your employment counsel for the latest updates.

 

Resources:

Suttonhague.com

Calnevalaw.com