Coronavirus (COVID-19) and State Updates

September 18, 2020


Governor Newsom has been a busy guy. Yesterday, he signed into law SB 1383 which makes noteworthy changes to the Moore-Brown-Roberti Family Rights Act (aka the California Family Rights Act or CFRA). The law is effective January 1, 2021. Here are the notable details:

  • CFRA currently applies to employers with 50 or more employees; as of January 1st, it will apply to employers with 5 or more employees;
  • Employers who employ both parents of a child will be required to grant leave to each employee. In other words, parents will no longer have to share the 12 weeks of leave entitlement; they will have 12 weeks available each;
  • Employers will no longer be able to refuse reinstatement to “key employees” (salaried employees who are among the highest paid 10% of employees within 75 miles of the employee’s worksite);
  • The 50-75 rule (employee must work at a worksite with 50 or more employees within a 75-mile radius) is no longer; the 1 year of service and 1,250 hours worked requirements remain in place;
  • CFRA currently allows for family care leave for an employee’s child, a parent, spouse, or domestic partner. SB 1383 expands the list of family members to include grandparents, grandchildren, and siblings; and
  • Leave because of a qualifying exigency related to the covered active duty or call to covered duty of an employee’s spouse, domestic partner, child, or parent in the Armed Forces of the United States, will be available as of January 1st.

San Diego, California – IMPORTANT UPDATE!

We have confirmed with the City of San Diego that the San Diego Supplemental Paid Sick Leave (SPSL) law has not gone into effect after all. The City Council determined that if AB 1867 discussed in our newsletter were to become law then SPSL would not return for a second reading and adoption. The intent of SPSL was more as a failsafe in case AB 1867 was not signed by Governor Newsom.

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