Governor Considers Bill to Expand Employee Rights to Protected Leave Under CFRA
Governor Schwarzenegger is currently reviewing AB 537, a bill that would substantially expand the class of employees eligible to take leave under the California Family Rights Act (“CFRA”).
CFRA requires employers with 50 or more employees to provide covered employees with up to 12 weeks of protected unpaid leave during any 12-month period 1) to bond with a child born to, adopted by, or placed for foster care with the employee, 2) to attend to the employee's own serious health condition, or 3) to care for the employee’s parent, spouse or child who has a serious health condition. At the conclusion of such a leave of absence, CFRA requires that an employer provide the employee a guarantee of employment in the same or comparable position.
If enacted, AB 537 would expand CFRA in two significant ways. First, CFRA would no longer be limited to employees caring for children under the age of 18 or adult children who are dependents. Under the new law, caring for an adult child with a serious health condition would constitute a valid reason for requesting CFRA leave. Second, the list of family members on whose behalf an employee may use CFRA leave would also be expanded. Specifically, under the new legislation, employees would be entitled to also take leave to care for a grandparent, sibling, grandchild, parent-in-law or domestic partner with a serious health condition.
These amendments to CFRA have the potential to significantly increase costs for California employers by expanding the class of employees eligible to take protected leave. Governor Schwarzenegger has until October 14th to decide whether to sign AB 537; however, there are both strong supporters and opponents of the bill, so it is uncertain at this time whether the Governor will sign the legislation into law. In the interim, please contact us directly to discuss any specific concerns regarding the impact of AB 537 on your business.