Attention employers: Rules change for unpaid leave By Erica L. Rosasco
more employees within a 75-mile radius are also required to grant up to 12 weeks ofmedical leave under the federal Family andMedical Leave Act. In the past, CFRA provisions close- ly overlapped the requirements of the FMLA, and leave time grantedunder one act would simultaneously exhaust the leave available under the other. However, the newversion of the CFRA expands the scope of familymembers for whom leave is available beyond those listed in the FMLA. They now also include grandpar- ents, grandchildren and siblings. Leave granted for the care of those familymem- bers under the CFRA would not exhaust leave available under the FMLA. This could require an employer to pro- vide for up to 24 weeks of leave to a sin- gle employee within a 12-month period. For example, an employee could take 12 weeks of leave to care for a sibling under the CFRA and then take an additional 12 weeks of leave time to care for their child under the FMLA. California employers with at least five employees must now be careful to com- ply with the provisions of the CFRA. The Farm Employers Labor Service, an affil- iate of the California Farm Bureau, will be hosting a webinar regarding the ex- pansion of the CFRA to small employers. I will conduct a webinar to help agricul- tural employers better understand this recent expansion of the CFRA at 10 a.m. Aug. 27. To register, go to https://www. fels.net/1/ and click on “FELSWebinars.” There is no cost to attend, and I hope you can join us for answers to your ques- tions about CFRA expansion. (Er ica L . Rosasco i s a par tner at the McKague Rosasco law firm. You can reach he r at 916-672-6552 or Erica@mckaguerosasco.com.)
Cal i fornia employers need to be aware of significant changes to the California Family Rights Act that be- came effective at the start of 2021. For the first time, employers with fewer than 50 employees are subject to the law and need to take steps to educate themselves on complying with their new obl igations. Larger employers that were previously subject to the law should also be aware of changes to their obligations and update their policies to ensure compliance. The CFRA requires employers to pro- vide qualifying employees with up to 12 weeks of unpaid leave for medical and family care reasons. They may include an employee’s illness, a familymember’s serious health condition, or the birth or adoption of a child. Employees qualify for leave if they have worked for the employer for at least a year and for at least 1,250 hours in the past 12 months. If such an employee re- quests leave, the employer must grant the request and guarantee that their job (or a comparable position) is available when they return. The employee may take the leave all at once or intermittent- ly, and the employer must continue to provide health insurance coverage to an employee onCFRA leave under the same conditions as coverage would have been providedhad the employee been actively at work. Before 2021, the CFRA applied only to employers with 50 or more employ- ees within a 75-mile radius. But since Jan. 1, California employers with as few as five employees are subject to the CFRA’s complex and potentially bur- densome obligations. As most small businesses have never had to deal
For the first time, businesses with fewer than 50 employees are subject the California Family Rights Act and must comply with rules for unpaid family or medical leave.
with protected medical leave before, there is a steep learning curve to com- ply with the new law. Employers who are subject to the CFRA for the first time should be sure to draft compli- ant CFRA leave policies and institute leave procedures. They will need to approve, administer, and track employee leaves. Compliance can be tricky, and employers should seek expert guidance to ensure theymeet their new obligations. The change in the law also presents new challenges for employers of 50 or more employees that may be used to complying with the former CFRA. Several exemptions in the law no longer apply, and the scope of family members for whom leave is available has been ex- panded. The changes also affect how the Act interacts with other laws that require these employers to provide leave time.
Accordingly, larger employers will need to update their practices to comply with the changes. Before 2021, the CFRA had a “key employee” exemption that allowed an employer to refuse to grant leave to a salaried employee who was among the highest-paid 10 percent of the employ- ees within 75 miles of their worksite. Additionally, an employer of both par- ents of a child were required to provide only up to 12 weeks of leave to care for the child between the two employees. Both exemptions have been eliminat- ed. Employers may not refuse to provide leave to key employees and must grant each parent-employee the full 12 weeks of leave time. The change in the lawcould require an employer to provide twice asmuch leave as before. In addition to leave required under the CFRA, employers with 50 or
VOL. 48, NO. 29
August 11, 2021
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