On September 29, 2022, California’s governor signed Assembly Bill (AB) 1041, which, beginning January 1, 2023, expands the definition of a “family member” under the California Family Rights Act (CFRA) and California’s Healthy Workplaces Healthy Families Act (HWHFA) to include a “designated person.” Under both the amended CFRA and HWHFA, employees will be able to identify a designated person for whom they want to use leave when they request unpaid (CFRA) or paid (HWHFA) leave. Further, under both amended laws, employers will be able to limit an employee to one designated person per 12-month period. How these laws will each define designated person, however, differs slightly.
Under the CFRA, a designated person will mean “any individual related by blood or whose association with the employee is the equivalent of a family relationship.” Under the HWHFA, however, a designated person is “a person identified by the employee at the time the employee requests paid sick days” – the individual need not be related by blood to the employee, and their association need not be the equivalent of a family relationship. Subject to guidance from California’s Labor Commissioner, a designated person for HWHFA purposes possibly might include a roommate, a new romantic partner, or a next-door neighbor.
The designated-person changes will affect how employers comply with similar federal, state, and/or local leave laws.
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