Articles Posted in Family Responsibilities

Starting on January 1, 2021, the California Family Rights Act will cover more employees and for more for reasons than ever before! You can find the text of the new law, SB 1383 here.

Who is Covered by the Current Law?

Under the current law, employers with fewer than 50 employees within a 75-mile radius were not required to provide family or medical leave to their employees. Likewise, employers with fewer than 30 employees within a 75-mile radius were not required to provide baby-bonding leave under the New Parent Leave Act. The employer size requirements left many employees without any job-protected leave to care for their own medical conditions, their family members’ medical conditions, or the birth or adoption of a new child.

Last week, the United States legislature passed the Families First Coronavirus Response Act in response to the ongoing COVID-19 pandemic. This new law provides some much needed relief for workers who are out of work because they or their family members have contracted COVID-19, or because they do not have child care due to school and daycare closures. Below is a summary of what rights you may have under the new law.

What does the new law provide?

  • 10 Paid Sick Days for full-time workers

We know many employees are facing uncertainty about their jobs in light of the current pandemic. You may have questions about what you can do if you are sick, or if you have been laid off due to cuts that have been made as a result of COVID-19 /Coronavirus. Many government agencies have put out guidance on how employees can protect themselves and benefits they may be entitled to if they are out of work due to the COVID-19 outbreak. Below we have summarized some resources that we hope will be helpful.

Sick with or Exposed to COVID-19

In California, the California Family Rights Act (“CFRA”) provide up to 12 weeks of unpaid job protected leave within a 12 month period to care for yourself or your immediate family if they have a serious health condition. A serious health condition includes any illness that causes any period of incapacity requiring absence from work, school, or other regular daily activities for more than 3 consecutive days. To be eligible for CFRA leave, you must have been employed with your employer for 12 months and you must have worked at least 1250 hours in that twelve month period and your employer must employ 50 or more people within a 75 mile radius. While the CFRA does not provide pay, other laws may provide wage replacement, and your employer may also have other benefits and programs that you may be able to utilize during this time.

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