A 2023 CFRA Suggestion

As 2023 is around the corner, it is time for employers to start updating their employee handbooks and other written policies. As previously reported (link), 2023 will welcome new laws that California employers will need to be cognizant of. One such law involves frequently used leave of absences under the California Family Rights Act (“CFRA”).

As employers know, employees have historically been able to take job-protected leave of absences under CFRA to attend to the serious medical conditions of family members. And, historically, these family members have been more or less rigidly specified by law. That’s not so anymore.

Effective January 1, 2023, an employee who is otherwise eligible for CFRA will be able to take a leave of absence to attend to the medical issues of any person “related by blood or whose association with the employee is the equivalent of a family relationship.” It’s the part after “or” that is the real novelty and that potentially expands the scope of CFRA coverage.

To reflect such an update, we recommend that employers include in their CFRA policies the following paragraph that specifies when an employee may take CFRA to attend to the serious medical condition of their loved ones:

To care for the serious condition of your child, spouse, domestic partner, parent, grandparent, grandchild, sibling, or any other person who is related to you by blood or whose association with you is the equivalent of a family relationship.

Please note: Other than this revision, CFRA’s provisions remain the same. So no need to amend those.

For more information about how to implement CFRA policies into your employee handbooks, please contact us at info@mnklawyers.com.

This material is provided for informational purposes only. It is not intended to constitute legal advice, nor does it create a client-lawyer relationship between MNK Law and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material.