Home>Articles>AB 1041 Expands Leave Laws Under California Family Rights Act

Assemblywoman Buffy Wicks holding her baby during the SB 1120 debate on August 31, 2020. (Photo: California Assembly)

AB 1041 Expands Leave Laws Under California Family Rights Act

Expands definition of ‘family member’ to include individuals whose close association with the employee is the equivalent of a family relationship

By Chris Micheli, March 9, 2021 8:27 am

Assembly Member Buffy Wicks (D-Oakland) introduced Assembly Bill 1041 which would makes changes to existing leave laws in this state. The bill would amend Section 12945.2 of the Government Code, amend Section 245.5 of the Labor Code, and amend Sections 3301, 3302, and 3303 of the Unemployment Insurance Code.

Section One of the bill would amend Government Code Section 12945.2 to expand current leave law to care for specified family members to include “any other individual related by blood or whose close association with the employee is the equivalent of a family relationship” who has a serious health condition. In addition, an employee taking a leave could elect or be required to use any of the employee’s accrued vacation leave or time off. An employer may require that an employee’s request for leave to care for a family member to include “any other individual related by blood or whose close association with the employee is the equivalent of a family relationship”

Section Two of the bill would amend Labor Code Section 245.5 to add to the “family member” definition to include “Any other individual related by blood or whose close association with the employee is the equivalent of a family relationship.” Section Three of the bill would add the same individual to the family temporary disability program.

Section Four of the bill would amend Unemployment Insurance Code Section 3302 to amend the term “family care leave” to include or any other individual related by blood or whose close association with the employee is the equivalent of a family relationship, who has a serious health condition. It would also define the term “family member” in the same manner.

Section Five of the bill would amend Unemployment Insurance Code Section 3303 to expand the definition of whom can be cared for by the individual eligible for family temporary disability insurance benefits to include “any other individual related by blood or whose close association with the employee is the equivalent of a family relationship.”

The bill is expected to be heard in its first policy committee in March.

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