On January 1, 2022, leave under the California Family Rights Act (“CFRA”) will be expanded to provide employees with up to twelve weeks of job-protected leave to provide care to a parent-in-law with a serious medical condition. AB 1033 was signed by Governor Newsom in September 2021.

The CFRA previously allowed for leave for an employee to care for a child, parent, grandparent, grandchild, sibling, spouse or domestic partner who has a serious health condition. AB 1033 adds parents-in-law to the definition of “family care and medical leave.”

AB 1033 also makes changes to the Department of Fair Employment and Housing’s (“DFEH’s”) small employer family leave mediation pilot program. The pilot program applies to employers who have between 5 and 19 employees. Under the program, either the employer or employee may request that all parties participate in mediation through the DFEH’s dispute resolution division.

AB 1033 requires DFEH to notify the employee in writing of the requirement to mediate prior to filing a civil action, and requires employees to contact DFEH’s dispute resolution division prior to filing a civil action. The bill also sets specific dates for when parties must request mediation and when mediation must be initiated. AB 1033 tolls the statute of limitations applicable to an employee’s civil action from the date the employee contacts DFEH’s dispute resolution division until the mediation is either complete or deemed unsuccessful.

Lastly, the bill entitles small employers who are defendant in a civil action that did not receive the required notification as a result of the employee’s failure to contact the department’s alternative dispute resolution prior to filing a civil action, to a stay of any pending civil action or arbitration until the mediation is complete or deemed unsuccessful.