Who counts as “family”? It’s a question California employers likely will hear more often, particularly when employees request time off to care for someone who isn’t a spouse, parent, child, or other traditionally recognized relative.

Consider an employee who asks for several weeks off to care for a seriously ill longtime friend. The two aren’t related, have never lived together, and have no legal relationship. But they’ve supported each other through life’s challenges for decades and consider themselves family. Does the employee qualify for protected leave? Can the employee receive Paid Family Leave benefits? The answers may surprise some employers. And a new California law will make understanding the distinction even more important.

Senate Bill 590, signed in 2025, expands California’s Paid Family Leave program to include employees who take time off to care for a seriously ill “designated person.” The law takes effect July 1, 2028. That’s still some time away, but the underlying concept is already part of California employment law. Employers who haven’t adjusted their leave practices may already be getting it wrong.

Wait, Isn’t This Already the Law?

Sort of. And that’s where things get interesting.

Since January 1, 2023, the California Family Rights Act (CFRA) has allowed eligible employees to take job-protected leave to care for a designated person with a serious health condition. A “designated person” includes someone related to the employee by blood or whose relationship with the employee is the equivalent of a family relationship. That definition goes well beyond traditional family relationships. It potentially encompasses a close friend, longtime companion, or another individual who plays a family-like role in the employee’s life.

Employers covered by CFRA generally must provide up to 12 weeks of protected leave to eligible employees for qualifying reasons. They may limit an employee to one designated person per 12-month period. But there’s a catch.

Until SB 590 becomes operative, an employee taking CFRA leave to care for a designated person who isn’t otherwise a qualifying family member may not be eligible for California Paid Family Leave benefits. In other words, the employee may be entitled to time away from work but not the wage-replacement benefits that would help make taking that time financially possible. SB 590 addresses that disconnect.

What Changes in 2028?

Beginning on July 1, 2028, California’s Paid Family Leave program will expand to cover eligible employees who need time away from work to care for a seriously ill “designated person.” Currently, Paid Family Leave provides eligible workers with up to eight weeks of partial wage replacement within a 12-month period for qualifying reasons. Depending on their earnings and applicable benefit limits, employees generally receive approximately 70 to 90 percent of their wages.

SB 590 does not increase the duration of Paid Family Leave benefits. Instead, it expands who an employee can care for while receiving those benefits.

Employees claiming benefits to care for a designated person for the first time will have to identify that person and attest, under penalty of perjury, to their blood relationship or explain how their relationship is equivalent to a family relationship. Importantly, this is a state-administered benefits determination, not an invitation for employers to independently decide whether an employee’s personal relationships are sufficiently meaningful.

And employers should remember that Paid Family Leave benefits and job protection are two different things. PFL provides wage replacement. CFRA, when applicable, provides job-protected leave. One does not automatically guarantee the other.

So, Who Qualifies as “Family”?

Here’s where employers need to resist the temptation to impose their own definitions. Many of us think of family in traditional terms: parents, children, siblings, spouses, and grandparents. But modern families don’t always fit neatly into those categories.

An employee may have been raised by someone who isn’t a biological or adoptive parent. Another may have a lifelong friend who has effectively become family. Someone else may rely on a close companion for the kind of support traditionally provided by relatives. California law recognizes that meaningful family relationships aren’t always established through marriage, adoption, or biology. Does that mean employees can simply identify anyone they like and demand protected leave? No. The relationship must satisfy the applicable legal definition, and the employee must meet the relevant eligibility and medical-certification requirements.

But employers should be cautious about making assumptions based on labels or insisting on documentation of a legal or biological relationship when the law recognizes family-like relationships. The better approach is to focus on the statutory requirements, seek appropriate information through the established leave process, and avoid unnecessary inquiries into employees’ personal lives.

The Biggest Mistake Employers Can Make

The most significant risk isn’t necessarily misunderstanding the new Paid Family Leave benefits. It’s misunderstanding the protections employees already have. Imagine an employee requests time off to care for someone described as a “close friend.” The supervisor responds, “Sorry, CFRA only covers family members.” That’s potentially a serious mistake.

The proper response is to determine whether the individual qualifies as a designated person and whether the employee otherwise meets CFRA’s requirements. The same issue arises when employers rely on outdated leave forms, handbook provisions, or HR software that recognizes only traditional family relationships.

Another common mistake is assuming that approval or denial of state Paid Family Leave benefits determines whether an employer must grant protected leave. It doesn’t. Employers must evaluate their obligations under CFRA independently of the state’s benefits determination. And depending on the circumstances, other leave protections may apply as well.

What Should Employers Do Now?

Although SB 590 won’t become operative until 2028, there’s no reason to wait to address the underlying compliance issues.

Start by reviewing your CFRA policy. Does it expressly recognize “designated persons”? Does it accurately describe how employees can identify them? Are any limitations consistent with California law? Next, take a look at your leave forms and internal procedures. Employees shouldn’t have to select an inaccurate relationship category simply because the employer’s paperwork hasn’t kept up with the law. You also should train supervisors to recognize potential leave requests and refer them to HR rather than making eligibility decisions on the spot. An employee doesn’t have to use the words “CFRA” or “designated person” to raise an issue that requires further review. It is important to ensure the employees administering leaves understand the distinction between job protection and wage replacement. This will become especially important when SB 590 takes effect. Finally, review how your organization handles medical certifications and requests for additional information. Employers are entitled to obtain information permitted by law, but leave administration shouldn’t become an investigation into whether an employee’s relationships meet someone’s personal expectations.

The Bottom Line

California has been expanding its understanding of family for years, and SB 590 represents another step in that direction. The law recognizes something that employers should already understand: The people we rely on most aren’t necessarily the people we’re related to. But this isn’t simply a story about changing family structures. It’s a reminder that California’s leave laws overlap in complicated ways, and even well-intentioned employers can make expensive mistakes when they treat those laws as interchangeable.

July 2028 may seem far away. The obligation to recognize designated persons under CFRA, however, is already here.

Remember, the best time to discover that your leave policy is outdated is before an employee needs to rely on it.