California Government Code

§ 12945.2

GOV § 12945.2 Effective Jan 1, 2023Div. 3 · Title 2 · Part 2.8 · Ch. 6 · Art. 1

Statute text

(a)It shall be an unlawful employment practice for any employer, as defined in paragraph (4) of subdivision (b), to refuse to grant a request by any employee with more than 12 months of service with the employer, and who has at least 1,250 hours of service with the employer during the previous 12-month period or who meets the requirements of subdivision (r), to take up to a total of 12 workweeks in any 12-month period for family care and medical leave. Family care and medical leave requested pursuant to this subdivision shall not be deemed to have been granted unless the employer provides the employee, upon granting the leave request, a guarantee of employment in the same or a comparable position upon the termination of the leave. The council shall adopt a regulation specifying the elements of a reasonable request.

(b)For purposes of this section:

(1)“Child” means a biological, adopted, or foster child, a stepchild, a legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis.

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Legislative history

Amended by Stats. 2022, Ch. 748, Sec. 1. (AB 1041) Effective January 1, 2023.