Late last week, California Governor Jerry Brown signed a bill into law that will expand job-protected leave for new parents. Over 2.5 million California employees will now have the right to be reinstated to their jobs after taking up to 12 weeks of unpaid bonding leave. The law takes effect on January 1, 2018.
Until now, only employees who worked for employers with 50 or more employees could be eligible for job-protected leave to bond with a new child in California. Employees who worked for smaller employers could still receive paid family leave benefits from the state when taking time off for these purposes, but they did not have the right to job reinstatement when their leave was over.
The new law, called the New Parent Leave Act, requires employers with between 20 and 49 employees to provide up to 12 weeks of job-protected leave each year to bond with a new child. At the end of their leave, employees must be reinstated to the same job or a comparable one. They also have the right to continued group health care coverage during their leave.
Employees must meet the same eligibility requirements under the FMLA and the California Family Rights Act (CFRA): The employee must have worked for the employer for at least 12 months, have worked at least 1,250 hours in the year prior to the claim, and work at a location where the employer has at least 20 employees in a 75-mile radius.
The New Parent Leave Act extends job-protected leave only to employees who are taking family and medical leave to bond with a child arriving by birth, adoption, or foster placement. It doesn’t apply to employees taking FMLA or CFRA leave for their own serious health conditions or to care for a family member with a serious health condition. Those employees must still work for an employer with at least 50 employees in order to take job-protected leave.