Friday, February 5, 2021
The Ninth Circuit and the California legislature recently updated employer leave requirements, impacting California employers. The Ninth Circuit recently handed down two decisions regarding leave under the Family Medical Leave Act (“FMLA”), including a decision concerning what constitutes a “workweek” for FMLA purposes. Additionally, as of January 1, 2021, smaller employers in California will have to grant 12 weeks of leave under the California Family Rights Act (“CFRA”). Employers should consider these changes as they update their leave policies, especially as employees may take more extended leaves during the COVID-19 pandemic.
Employee Schedules Do Not Determine What Constitutes a “Workweek”
The FMLA requires covered employers to provide “12 workweeks of leave during any 12-month period” to qualified employees when a covered family or medical need arises (such as the birth or adoption of a child, the need to care for