New Law Expands Definition of “Family Member” for Paid Sick Leave & CFRA Leave

Assembly Bill (AB) 1041, signed into law last fall and effective January 1st, expanded the definition of “family member” under both the California Family Rights Act (CFRA) and California’s Healthy Workplaces Healthy Families Act (HWHFA) (aka “Paid Sick Leave”) to include a “designated person” for whom employees can use leave under either CFRA or HWHFA. Employees can designate any person for this purpose per 12-month period.

Under the CFRA, a designated person will mean “any individual related by blood or whose association with the employee is the equivalent of a family relationship.” Under the CFRA, unpaid leave which applies to employers with five or more employees, one reason eligible employees can use unpaid leave is to care for a family member who has a serious health condition.

For purposes of HWHFA (Paid Sick Leave), however, the designated person need not be related and their association need not be the equivalent of a family relationship.

The designated-person changes will affect how employers comply with similar federal, state, and/or local leave laws. Additionally, we recommend employers revise their employee handbooks to reflect this change. We can assist.