So.  It pays to read EVERY word in a statute.  Case in point:  AB 1033, which will become law on January 1, 2022.  Section 1.5 of the bill purports to add “designated person” to the list of individuals for whom employees may use leave under the California Family Rights Act (CFRA).  A “designated person” is defined as “a person identified by the employee at the time the employee requests family and medical leave.” The bill also provides that an employer may limit an employee to one designated person for each 12-month CFRA period.

Now, here’s the tricky part.  At the VERY END of the bill, in Section 3, it states:

SEC. 3. Section 1.5 of this bill incorporates amendments to Section 12945.2 of the Government Code proposed by both this bill and Assembly Bill 1041. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, (2) each bill amends Section 12945.2 of the Government Code, and (3) this bill is enacted after Assembly Bill 1041, in which case Section 1 of this bill shall not become operative.

As you may know, AB 1041 never made to the Governor’s desk.  And, that means that “designated person” is not part of the CFRA.  At least not yet.

Here are links to both bills:

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB1033

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB1041

Big thanks to a participant in one of weekly “Wednesday Wake-Up with Jen” webinars for making this point.

Happy reading.

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