On September 27, 2021, Governor Newsom signed Assembly Bill 1033 (AB 1033), which provides that employers must grant eligible employees up to 12 weeks of job-protected time off from work annually for the purposes of providing care to a parent-in-law with a serious medical condition under the California Family Rights Act (CFRA).

The bill also modifies procedural aspects of the Department of Fair Employment and Housing’s (DFEH) pilot program for mediating family leave disputes between small businesses and their employees. When a small business employee requests an immediate right-to-sue letter based on an alleged CFRA violation, that employee must inform DFEH’s mediation program of the employee’s intent to file a civil action in court prior to filing that action. The bill also sets forth other requirements for completion of the DFEH mediation program prior to an employee’s claim proceeding to a civil court.

This legislation goes into effect on January 1, 2022.

Jackson Lewis will continue tracking state legislation that is relevant to employers.