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Specifying California Leaves and Kin Care

June 16, 2015 Legal Team

The California State Legislature is looking to amend various labor laws associated with employee leave rights. Several bills seek to expand rights afforded to employees and to widen the net of employers it effects.

As the law stands currently, an employer who directly employs 50 or more persons within a 75-mile radius may not discriminate or retaliate against an employee who requests to take a medical or family care leave. Senate Bill 406 seeks to lower the threshold from 50 employees to 25 employees, thus including more employers and narrowing the “small business exemption.”

Family and medical leaves allow employees to care for children, ailing parents or spouses, or newborn bonding. The bill would further expand available reasons to take said leave. The term “child” would be redefined to include biological, adopted, and foster children as well as stepchildren, legal wards, children of a domestic partner or anyone else who stands in “loco parentis.” Further, the term “parent” will be expanded to include parent-in-law and grandparent. Other terms to be included in the bill: grandparent, grandchild, sibling, and domestic partner.

Source: Senate Bill 406