A bill that creates a California-mandated leave benefit that differs from federal law will be considered by the Assembly Labor and Employment Committee on March 28, 2012.
AB 2039 would significantly expands the type of individuals or circumstances under which employees can take a 12-week, protected leave of absence under California’s Family Rights Act (CFRA) and creates an even further disconnect with the federal Family and Medical Leave Act (FMLA).
Expands California Law
Currently, CFRA requires an employer with 50 or more employees to allow an employee who worked at least 1,250 hours to take up to 12 weeks of leave in a 12-month period for:
- His/her own serious medical condition;
- The birth or placement of a child; or
- To care for the serious medical condition of a child, (under 18 years of age or adult dependent), spouse, or parent (the current definition of “parent” includes step-parents as well as individuals who stand in place of a parent, “in loco parentis,” to the child).
AB 2039 seeks to expand CFRA by allowing an employee a protected leave to care for adult children, parents-in-law, grandparents and siblings.
Burden on Employers
Expanding the types of individuals or circumstances under which an employee can take a leave of absence under CFRA would only further increase the cost of doing business for employers in California.
Given that the individuals proposed by AB 2039 are not covered by the FMLA, an employee could use his/her 12 weeks of CFRA to care for the serious medical condition of a parent-in-law; then take another 12-week leave under FMLA to care for the medical condition for his/her spouse, child or parent.
Interested parties should visit CalChamber.com to learn more about AB 2039, and how to oppose it.
Author: Jennifer Barrera
HR Watchdog, HRCalifornia’s Employment Law Blog, © California Chamber of Commerce