New Changes in Workplace Rights for Parents and Caregivers

More parents and caregivers can take job-protected leave from work.

Workers who have a serious health condition, are welcoming a new child, or need to care for a seriously ill family member may qualify for 12 weeks of job-protected leave under the California Family Rights Act (CFRA). Prior to 2021, the CFRA’s protections only extended to workers at employers with more than 20 or more than 50 employees.  But as of 2021, the CFRA covers workers who i) have worked for their employer for more than one year; ii) have worked over 1250 hours within that last year; and iii) work for an employer with 5 or more employeesLearn more.

Job-protected leave is available to care for a more inclusive list of family members.

Prior to 2021, CFRA job-protected family caregiving leave was only available to care for seriously ill parents, minor or dependent children, spouses, or registered domestic partners. In 2021, CFRA job-protected family caregiving leave was expanded to cover adult children, grandparents, grandchildren, and siblings, followed by parents-in-law. Starting in 2023, CFRA job-protected family caregiving leave can be used to care for one additional person per year who is like family to the employee, selected by the employee. 

Workers in San Francisco can get changes to their work to help with childcare and family caregiving.

The Family Friendly Workplace Ordinance (FFWO), passed in 2014, allowed workers to ask for changes to their work to help with childcare or family caregiving without risking punishment. Effective July 2022, the FFWO was amended to require employers to provide the requested changes to help with childcare or family caregiving unless they would be very difficult for the employer. Learn more.

Workers can take leave to mourn a family member.

Starting in 2023, workers at employers with at least 5 employees will have the right to take up to 5 days of job-protected leave for bereavement of a child, spouse, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law.

Workers will be able to receive 90% of their regular pay when they are disabled from working, bonding with a new child, or caring for a seriously ill family member.

Starting in 2025, workers earning up to 70% of the state average weekly wage (in 2022 that’s around $57,000 annually), will receive 90% of their regular income through Paid Family Leave or State Disability Insurance. Paid Family Leave and State Disability Insurance currently provide most workers with 60% of their regular pay when they take leave from work for their own health condition, to bond with a new child, or to care for a seriously ill family member. Learn more.

How can I access these rights and how do they fit together?

Check out Legal Aid at Work’s resources to learn more.  Call our helpline with questions about your pregnancy, parenting, or caregiving-related workplace rights (800) 880-8047.