New “Designated Person” Under California Family Rights Act and California Paid Sick Leave

New “Designated Person”  Under California Family Rights Act and California Paid Sick Leave

On September 29, 2022, Government Code § 12945.2 of the California Family Rights Act (CFRA) and Labor Code § 245.5 (California Paid Sick Leave) were amended to add a “designated person” to the definition of a “family member” for whom an employee can take protected leave for up to a total of 12 workweeks in any 12-month period for family care and medical leave. The law becomes effective January 1, 2023 and applies to any California public employer or any employer with 5 or more employees.

The term  designated person” under CFRA is defined as  “any individual related by blood or whose association with the employee is the equivalent of a family relationship.” The employer may require employees to identify the “designated person” at the time they request CFRA leave and may choose to limit an employee to one designated person per twelve-month period. The full text of the new law can be viewed here.