Knowing your rights as an employee is the best way to protect them. In 2021, changes were made to the California Family Rights Act. Here’s what to know about the updated California Family Rights Act.
New additions to CFRA now expand eligibility for leave, add more reasons for taking leave, and protect employee reinstatement after leave.
The California Family Rights Act
The California Family Rights Act is labor legislation that requires employers of 50 or more employees to provide eligible employees with 12 weeks of unpaid, job-protected leave to care for a serious health condition, care for a family member with a serious health condition, or bond with a new child.
Related: Sick Leave Laws in California: What You Need to Know
Related: Maternity Leave Laws in California
Before 2021, the employee must meet the following requirements in order to qualify for CFRA leave:
- Have worked for their employer for at least 12 months
- Have worked at least 1,250 hours in those 12 months immediately before the leave
- Work at a location where the employer has at least 20 employees in a 75-mile radius
Changes to CFRA
Starting in 2021, new legislation has expanded CFRA in many ways. Here are the most important changes to CFRA.
CFRA now extends to employers of 5 or more employees, granting leave to more employees of smaller businesses. Previously, only employers of 50 or more employees were required to provide CFRA leave.
Reasons for CFRA leave have expanded. The list of qualifying family members to care for under CFRA leave has now expanded to include: children, parents, spouses, domestic partners, grandparents, grandchildren, or siblings. Additionally, CFRA leaves now include a provision for employees to take leave related to active duty military service of an employee’s spouse, domestic partner, child, or parent.
CFRA leave is granted to both parents under the same employer. Previously, parents working for the same employer received only 12 weeks of CFRA leave in total. New changes to the CFRA require employers to provide 12 weeks of CFRA leave to each parent separately.
CFRA grants leave to employees at small worksites. Previously, CFRA allowed employers to deny CFRA leave to employees at a “small worksite.” A small worksite is defined as a workplace with less than 50 employees within a 75-mile radius of the worksite. Now, CFRA eliminates an employer’s ability to deny leave to employees at a “small worksite.” Employees at small worksites are now eligible for leave under CFRA.
CFRA protects an employee’s right to return to the same or nearly identical position after their leave. Previously, CFRA allowed employers to deny reinstatement to “key employees” after their leave. Key employees are defined as the highest-paid 10% of employees within 75 miles of the worksite. Now, CFRA eliminates the employer’s right to refuse to reinstate “key employees.”
FAQs About California Family Rights Act in 2021
What is the California Family Rights Act?
CFRA requires employees to provide up to 12 weeks of unpaid, job-protected leave for various reasons. Before 2021, these reasons covered personal or family sick leave and child bonding leave.
What are the most important changes to CFRA in 2021?
New additions to CFRA have most notably expanded eligibility for CFRA leave. Now, employers of 5 or more employees must provide CFRA leave. Employees also may now take a CFRA leave for reasons related to active duty military service, and for more family members than before. CFRA also ensures that both parents of the same employer receive separate CFRA leave rather than combining the 12 weeks for both parents. Employees at small worksites are now eligible for CFRA. Key employees now have job protection and reinstatement under CFRA.
Contact Her Lawyer
If you or a loved one is being or has been denied leave under the CFRA, get your free consultation with one of our California Employment Law Attorneys today!