New Family Leave Protections

The parent child bond has always been a sacred one. However, many of us struggle to balance work and family, and to make the time to give the attention we want to our children. Fortunately, there has been a rapidly growing trend of laws that protect the jobs of parents who want to bond with their new children. This is because there is a greater value on establishing the parent-child bond, on the importance of new parents learning how to be parents, and on the stress and burden of having to choose between a new child and losing employment.The Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) both provide parents of newborn or adopted children with unpaid, job-protected leave while the parent stays home to bond with the child. Previously under the CFRA, only employers with 50 or more employees were required to offer unpaid family leave.

Senate Bill 63

Senate Bill 63 expands existing parental leave protections offered under the CFRA. Effective January 1, 2018, SB 63 applies parental leave laws to small businesses, which will impact a great many employees across the state. In fact, it is estimated that 40% of the California workforce work for small businesses.

Beginning in 2018, employers with as few as 20 employees within a 75 mile radius will have to provide twelve weeks of unpaid, job-protected leave to employees to bond with their new child. This applies to employees with at least 1250 hours worked in the prior 12 month period and can be taken by both mothers and fathers. Further, leave must be taken within one year of the newborn child’s birth, the adoption of a child, or even the placement of a foster child.

Job-protected leave means that an employer is prohibited from taking adverse employment action against the employee during their leave. This includes termination, demotion, harassment, or any form of discrimination. In fact, any adverse action taken during CFRA leave should be considered automatically suspicious and opens an employer to liability. In addition to job protections, an employer is mandated to continue to provide health insurance coverage as if they were still working.

Call Moss Bollinger to Fight For You

Moss Bollinger is an employee rights law firm that fights against unlawful conduct by employers. We understand how important your family and your job are to you and take violations of job-protected leave incredibly seriously. Call us today. We work on a contingency basis and do not get paid unless you do. Contact the law firm of Moss Bollinger today at (310) 982-2291 for a free consultation or use our online form.