Photo of employees to illustrate the AB 1383 leave act.

Dubbed one of the California Chamber of Commerce’s “Job Killers,” SB 1383 goes into effect on January 1, 2021. Under the new law, small businesses with as few as five employees must provide up to 12 weeks of protected leave for the medical care of qualified employees or certain employee’s family members under the California Family Rights Act (CFRA).

To be eligible for the leave, employees must have worked at least 12 months for the employer (can be nonconsecutive) and at least 1,250 hours for the prior year.

SB 1383 also expands the definition of family member to include grandparents, grandchildren, siblings and children of domestic partners as qualified employees. Previously, only parents, children, spouses or registered domestic partners were included.

In addition to allowing for child bonding, CFRA allows employees to take protected leave to care for adult children with serious health conditions, “regardless of whether the child can provide self-care.” The law repeals the New Parent Leave Act, calling it redundant.

Under SB 1383, employers must maintain health insurance benefits at the same level, and allow for the employees to return to the same or comparable job positions after the leave.


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