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  • New Law Expands CFRA to Small Business

    By  CalChamber  - 

    In this episode of The Workplace podcast, CalChamber Executive Vice President and General Counsel Erika Frank and employment law expert Jennifer Shaw discuss how employers should prepare for the newly signed family and medical leave law (SB 1383) that expands the California Family Rights Act (CFRA) and takes effect on January 1, 2021.

    Burden on Employers

    Many employers may be accustomed to leave laws, such as CFRA and the federal Family and Medical Leave Act (FMLA), that apply to employers who meet a threshold of 50 or more employees. Fifty employees has been considered a magic number because larger employers can be more nimble and pivot their workforce better to cover those employees who are out on leave, Shaw explains.

    SB 1383 (Jackson; D-Santa Barbara) is significant because it changes the 50 employee threshold in CFRA to only 5 employees. In combination with the COVID-19 pandemic, many employers are worried and this new law certainly presents a huge burden for them to face at this point, she tells Frank.
    Frank points out that businesses’ concerns don’t mean they are not sympathetic and empathetic to their employees’ needs; rather, businesses are concerned about the feasibility of being able to stay in business.

    “It’s not just about the leave, it’s the duration of the leave. It’s all the hoops and hurdles that are part of this leave,” Frank says.  Read More