During the pandemic, Governor Newsom signed Senate Bill (SB) 1383 to significantly expand California's family and medical leave law, the California Family Rights Act (CFRA). CFRA is the state counterpart to the federal Family and Medical Leave Act (FMLA), but there are differences between CFRA and FMLA.
The most significant change under SB 1383 is that CFRA now covers private employers with just five employees rather than the fifty employees required before the expansion. CFRA continues to apply to public employers regardless of size.
While the FMLA covers employers if their employees work within a certain mile radius of the worksite, there is no such qualification under CFRA. SB 1383 removed the requirement that employees work at a worksite within a 75-mile radius to acquire the benefits of CFRA. That means employees at small worksites and even those working remotely will be eligible for CFRA.
California employees are eligible for CFRA leave if they work for the employer for a minimum of 12 months and have worked at least 1,250 hours within that timeframe.
SB 1383 expands the reasons for which employees can use CFRA leave. An employee was previously only allowed to use CFRA leaves to take care of an employee's parent, spouse, child, or registered domestic partner who had a serious health problem. Eligible employees can now take up to 12 weeks of unpaid leave for any of the following reasons:
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