California workers will get additional protections starting in January 2023. There are two new laws that will go into effect in January that will impact employee leave.
More and more people are needing to take time off to care for family members, including senior parents, sick family members, and children. New labor laws in California will make it easier for workers to keep their jobs while also taking care of their loved ones.
Changes to the California Family Rights Act
Beginning in January California law AB1041 will make changes to the existing California Family Rights Act. The original California Family Rights Act gives employees up to 12 weeks of unpaid leave to care for a family member. AB0141 changes the legal definition of what a family member is and allows employees to designate what family member they need the leave to care for. Each employee can designate one family member per year that they can take leave to care for.
Changes To Bereavement Leaves
AB 1041 also changes to the way that bereavement leave is handled under the California Family Rights Act. When AB 1041 goes into effect in January all employers with more 5 or more employees must give their employees up to five unpaid work days for bereavement. The employee can take these days within three months of a family member’s death.
What Can I Do If I’m Denied These Changes
All employers located in California must abide by these new labor laws. California employment laws apply to all employees of a company located in California so even if you work remotely somewhere else you are entitled to these protections.
When these new laws go into effect in January 2023. If you are denied leave time to care for a designated sick family member or if you are denied up to five days of bereavement leave within three months of the death of a family member you can file a complaint with the Equal Employment Opportunity Commission.
When you file a claim with the EEOC you will need to have evidence to back up your claim. Try to keep all communications with your employer about your leave in writing so that you have evidence.
You will need to submit evidence that your leave was requested but denied so save copies of your work schedules, leave requests, and any communication from your boss or employer regarding unpaid leave for caregiving or bereavement.
Get Help With Your Employment Law Claim
You have a right to take time off if you need to care for a family member or if you need time off after the death of a family member. If you have been denied leave time or if your job was threatened for taking leave time you should speak with an employment attorney that likely has all the details on these new California labor laws.
Fill out the Free Case Evaluation today to get connected with an independent, participating attorney who subscribes to the website and helps those in California.
Additional Resources
- Filing a Wrongful Termination Claim with the California Labor Board
- Employment Law Trends in 2023
- Employment Law Attorney in California
- List of EEOC Offices in California
