In September 2022, California enacted CA A 1041. This piece of legislation, introduced in February 2021, modifies the California Family Rights Act and California’s Healthy Workplaces, Healthy Families Act. It expanded the class of people for whom an employee may take leave to care for to include a “designated person.” The bill defines “designated person” to mean any individual related by blood or whose association with the employee is the equivalent of a family relationship. The bill authorizes a designated person to be identified at the time the employee requests the leave and allows employers to limit an employee to 1 designated person per 12-month period. This expansion goes into effect January 1, 2023.
California also enacted CA A 1949 in September. This bill created an unpaid bereavement leave for eligible employees. Eligible employees would be entitled to 5 days of job-protected bereavement leave upon the death of a “family member.” The bill requires that leave be completed within 3 months of the date of death. Under the bill, in the absence of an existing policy, the bereavement leave is unpaid; however, the bill authorizes an employee to use certain other leave balances (such as vacation, paid sick leave, personal leave, or other compensatory time off) otherwise available to the employee. This leave becomes available on January 1, 2023.