The California Fair Employment and Housing Council recently issued new California Family Rights Act (“CFRA”) regulations that take effect July 1, 2015. The new revisions are intended to clarify confusing rules and align the regulations more closely with the federal Family and Medical Leave Act (“FMLA”) regulations (where the statutes are consistent), though differences still remain between CFRA and FMLA.
California’s Paid Family Leave
Governor Brown Expands Paid Family Leave Eligibility, Boosts Minimum Wage, and Grants Overtime to Nannies
California’s Paid Family Leave Now Covers More Kin
Currently, through California’s Paid Family Leave (“PFL”) insurance program, workers may collect up to six weeks of partial wage replacement benefits while taking leave under the Federal Family Medical Leave Act (“FMLA”) or California’s Family Rights Act (“CFRA”) to care for a seriously ill child, spouse, or registered domestic partner, or to bond with a minor child within one year of birth or the placement of the child in connection with foster care or adoption. On September 24, 2013, Governor Brown signed SB 770, expanding the PFL program to cover siblings, grandparents, grandchildren and parents in-law. Note, however, that PFL does not provide leave rights. CFRA was not similarly amended and, as with FMLA, only provides protected leave with reinstatement rights when taken to care for a seriously ill child, spouse, or registered domestic partner, or to bond with a minor child within one year of birth or the placement of the child in connection with foster care or adoption (among other things). Thus, employees who take leave to care for a sibling, grandparent, grandchild, or parent in-law, though they may receive partial wage replacement, will not be afforded job protection and reinstatement rights unless provided under an employer plan. READ MORE