California Family Rights Act (CFRA)

The Bill

The Expansion of California Family Rights Act, AB 1041, was signed into law by Governor Newsom on September 29, 2022. AB 1041 expands the class of people for whom an employee may take leave to care for under the California Family Rights Act (“CFRA”) to include a “designated person.” AB 1041 also expands the term “family member” under the Healthy Workplaces, Healthy Families Act (“HWHFA”), which governs paid sick day leave, to include “designated person.”Continue Reading Who Is a “Designated Person”? Changes to California’s Medical Leave

In a last minute whirlwind of activity by California’s Legislature, a significant number of employment-related bills have now made their way to Governor Newsom’s desk and await their fate. Below are highlights of some of the bills that may affect California employers, should Governor Newsom sign them into law.Continue Reading What’s on Deck With Governor Newsom? Employment-Related Bills That May Soon Impact California Employers

To close out the 2021 legislative season, Governor Gavin Newsom signed dozens of bills into law, many of which directly affect California employers.  In addition to the coverage in prior blog posts, which are linked below, this article provides an overview of key new employment laws.
Continue Reading 2021 California Legislative Update: California’s New Employment Laws

The Ninth Circuit and the California legislature recently updated employer leave requirements, impacting California employers.  The Ninth Circuit recently handed down two decisions regarding leave under the Family Medical Leave Act (“FMLA”), including a decision concerning what constitutes a “workweek” for FMLA purposes.  Additionally, as of January 1, 2021, smaller employers in California will have to grant 12 weeks of leave under the California Family Rights Act (“CFRA”).  Employers should consider these changes as they update their leave policies, especially as employees may take more extended leaves during the COVID-19 pandemic.
Continue Reading California Employers Should Be Aware of Updates to Leave Requirements

On January 1, 2021, various new and amended employment laws will go into effect in California. Below is a summary of some of these laws that employers should make themselves aware of heading into the new year.  All laws discussed in this post go into effect on January 1, 2021, unless otherwise noted.
Continue Reading New Employment Laws to Look Out for in 2021

California lawmakers passed over a dozen employment-related bills last year that imposed new or different obligations on California employers. Just as employers may be finally settling into the new world order and getting into compliance with the litany of new laws, there are two new legislative updates that employers must be aware of. These new pieces of legislation serve as an important reminder that employment laws are constantly changing, and employers caught flat footed may be left to suffer the consequences.

In a welcome change from Sacramento, on February 26, 2019, the California Senate introduced Senate Bill 778, which is designed to clarify when employers are required to provide sexual harassment training and education to employees under California’s Fair Employment and Housing Act and when retraining is required.
Continue Reading No Rest For The Weary – California Employment Legislation Update

In Luis Castro-Ramirez v. Dependable Highway Express, the California Court of Appeal held that California’s Fair Employment and Housing Act (“FEHA”) – which requires employers to reasonably accommodate employees with disabilities – now requires employers to reasonably accommodate employees who are associated with a disabled person.  This is an unprecedented decision and will likely to be appealed.  Until that time, employers should train supervisors to seek assistance from human resources when making accommodations decisions, and to treat any such decisions on a case-by-case basis.
Continue Reading Ramirez v. Dependable Highway Express: The Reasonable Accommodation of an Employee’s Family

The California Family Rights Act (“CFRA”) is a regulation that provides employees with up to 12 workweeks of leave within a 12-month period for a qualifying event, such as family care leave or leave for an employee’s own serious health condition.  Employers covered by this regulation are those who employ 50 or more employees within a 75-mile radius.  If an employer is covered by the CFRA, eligible employees are those who have worked for the employer for at least 12 months and have worked at least 1,250 hours during the 12-month period immediately preceding the leave. 
Continue Reading REMINDER: California Family Rights Act Amendments Go Into Effect July 1, 2015

The California Fair Employment and Housing Council (FEHC) has issued amended regulations clarifying the California Family Rights Act (CFRA).  The amendments will go into effect on July 1, 2015, and are intended to clarify previously confusing rules and adopt regulations that more closely parallel the federal Family and Medical Leave Act (FMLA).  Significantly, the amendments incorporate the March 2013 FMLA regulations, to the extent they are not inconsistent with the CFRA regulations.  The text of the new regulations can be found here.  Below is an overview of the major changes to the law, which also highlight some of the differences between the FMLA and the new CFRA regulations.
Continue Reading Amendments to CFRA Regulations Provide Some Clarity to Employers

On August 16, 2011, in Rogers v. County of Los Angeles, B217764, slip op. (2d App. Dist., Div. 2), the California Court of Appeal held that employees are not entitled to reinstatement of their jobs if they return to work after expiration of the 12-week leave period protected under the California Family Rights Act of 1993 (CFRA).Continue Reading California Court Of Appeal Holds That Employees Lose Reinstatement Rights If They Fail To Return To Work During The 12-Week Leave Period Protected Under CFRA