California clarifies Paid Family Leave for military exigency

California has enacted legislation (Assembly Bill 2399) that clarifies definitions for the purposes of the military exigency leave that will be covered through the state's paid family leave (PFL) program. Assembly 2399 takes effect January 1, 2021.

Background:

California's PFL program provides wage-replacement benefits to workers who take time off work to care for a seriously ill family member or to bond with a minor child within one year of birth or placement. Effective January 1, 2021, PFL program will also provide wage-replacement benefits for employees who take time off to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals' spouse, domestic partner, child, or parent in the Armed Forces of the United States.

Assembly 2399:

Assembly 2399 defines certain terms for the purposes of the military exigency leave that will be covered by the PFL program, including:

• Expanding the definition of "care recipient" to specify that the term includes the military member, or child or parent of the military member, who is receiving assistance, or the employee who is participating in a qualifying exigency.
• Clarifying that "care provider" also includes the employee who is participating in a qualifying exigency.
• Specifying that "family care leave" includes participating in a qualifying exigency.
• Defining "military member" as a child, spouse, domestic partner, or parent of the employee, where the military member is on covered active duty or call to active duty in the Armed Forces of the United States.

Compliance Recommendations:

California employers should review their policies to determine whether changes should be made as a result of Assembly Bill 2399. Please contact your dedicated service professional with any questions.