Changes to the CFRA and Employer Record Retention Requirements

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We have communicated with you some of the laws that Governor Newsom has recently signed into law. But there is more. We share with you additional laws that you should be aware of before they take effect on January 1, 2022.

Assembly Bill 1033: CFRA Expanded to Cover Parents-in-Law

  • AB 1033 modifies the California Family Rights Act (“CFRA”) to include protection for employees caring for a parent-in-law. With this modification, eligible employees will be able to take up to 12-weeks of job-protected leave under CFRA to care for their parents-in-law.

Senate Bill 807: Employer Record Retention Requirement Expanded and More

  • SB 807 will lengthen employer record retention requirement to four years (up from three), with certain extensions when a complaint has been filed against an employer.
  • SB 807 will also broaden DFEH’s authority in a variety of ways, including by extending the time that DFEH has to complete an investigation and issue a right-to-sue letter in employment discrimination cases when those cases are brought on a class or collective (group) basis. DFEH will now have two years to investigate and issue a right-to-sue letter in such cases—once again proving that California is increasingly plaintiff friendly.

As you can see, California employment law is ever-shifting—and the New Year will usher in not only new resolutions but a flurry of laws that businesses should be aware of.

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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.