Gov­er­nor New­som signed Sen­ate Bill 1383 into law, which will take effect on Jan­u­ary 1, 2021.

This takes the fed­er­al bill for Fam­i­ly Med­ical Leave, which has been on the books since 1985 for groups of 50 or more employ­ees, and expands it in Cal­i­for­nia down to 5 employees.

 

Basic Rules

Any employ­ee who:

  • is work­ing with­in a 75 mile radius of the employer’s cen­tral location;
  • has worked at least 1,250 hours in the pre­vi­ous 12 month period;
  • is enti­tled to 12 weeks of leave where the employ­er will pay the por­tion of the health insur­ance pre­mi­um for which they were respon­si­ble pri­or to the employ­ee tak­ing leave.

 

The Leave

For employ­ees to take care of them­selves or any­one in their imme­di­ate fam­i­ly who has a seri­ous health con­di­tion. Imme­di­ate fam­i­ly includes:

  1. Child
  2. Par­ent
  3. Spouse or Domes­tic Partner
  4. Adult chil­dren
  5. Chil­dren of Domes­tic Partner
  6. Par­ents in Law
  7. Sib­lings
  8. Grand­par­ents
  9. Grand­chil­dren

 

Dif­fer­ences with Fed­er­al Law

  • Expand­ed def­i­n­i­tion of eli­gi­ble fam­i­ly member.
  • Employ­er may not exempt a key employ­ee (some­one in top 10% of pay).
  • Par­ents work­ing for same employ­er used to only have leave of 12 weeks cumu­la­tive­ly. Under the Cal­i­for­nia statute, each employ­ee of the same employ­ee may take 12 weeks.
  • Adds qual­i­fy­ing “exi­gency leave” when some­one is on active duty.