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Author: ADP Admin/Tuesday, November 1, 2022/Categories: Compliance Corner
California has enacted legislation (Assembly Bill 1041), which will allow employees to use paid sick leave and California Family Rights Act (CFRA) leave to care for a “designated person.” Assembly Bill 1041 takes effect Jan. 1, 2023.
Note: The state’s paid sick leave law applies to all employers. The CFRA applies to employers with five or more employees.
Paid sick leave:Among other reasons, eligible employees may take up to 24 hours or three days (whichever is more) of paid sick leave to care for a family member, which is defined as a child, parent, spouse, registered domestic partner, grandparent, grandchild, or sibling.
Paid sick leave:The definition of a family member expands to also include a designated person.
For the purposes of paid sick leave, a designated person is a person identified by the employee at the time the employee requests paid sick days. An employer may limit an employee to one designated person per 12-month period for paid sick days.
CFRA:Among other reasons, eligible employees may to take up to 12 workweeks in any 12-month period to care for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner with a serious health condition.
CFRA:Eligible employees may also use CFRA leave to care for a designated person with a serious health condition.
For the purposes of the CFRA, a designated person is any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time the employee requests the leave. An employer may limit an employee to one designated person per 12-month period for family care and medical leave.