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California Legislative Update

Written by By Christopher W. Olmsted Wednesday, 09 March 2011 00:00

The California legislature wasted no time in 2011. Politicians in the Golden State’s Assembly and Senate have already introduced pro-labor employment law legislation. It remains to be seen how our new governor, Jerry Brown, will respond to such legislation if it is passed on both the Assembly and Senate.

AB 59: Expanding Family Leave Rights

California Assembly members have introduced a bill seeking to expand the California Family Rights Act (CFRA), which is similar in many ways to the federal FMLA. The newly proposed amendments would significantly expand California leave rights well beyond federal requirements.

Under current law, an employee can take time off to care for a minor child, or an adult child who is disabled. The bill, AB 59, proposes to eliminate the age and dependency elements from the definition of “child.” If passed, employees could take protected leave to care for any independent adult child suffering from a serious health condition.
The bill also proposes to expand the definition of “parent” to include an employee’s parent-in-law. Currently employees may to CFRA leave to care for their own parents, but not their spouse’s parents.

Additionally, the bill would permit an employee to take leave to care for a seriously ill grandparent, sibling, grandchild or domestic partner. Current law allows an employee to take leave for a son, daughter, parent, or spouse. California law also already allows an employee to take CFRA leave to care for a registered domestic partner.

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