California’s Small Employer Family Leave Mediation Program | What to Know

California has made the small employer family leave mediation program a permanent requirement for family leave disputes involving employers with five to nineteen employees. This program, initially established as a pilot in 2020, was officially extended on July 18, 2024, due to its success in resolving California Family Rights Act (CFRA) claims against small businesses.

What is the California Family Rights Act (CFRA)?

The California Family Rights Act (CFRA) grants employees the right to take up to 12 weeks of unpaid, job-protected leave for:

• Caring for a new child
• Caring for a family member with a serious health condition
• Caring for themselves if they have a serious health condition

Employees in California are also entitled to up to five days of bereavement leave and reproductive loss leave under state law. Originally, CFRA applied only to employers with 50 or more employees, but it was expanded in 2020 to cover employers with five or more employees.

How Does the Family Leave Mediation Program Work for Small Employers?

Under the permanent small employer family leave mediation program:

• Either the employer or the employee can request mediation through the Civil Rights Department (CRD) within 30 days of receiving notice of a CFRA or reproductive leave violation.
• The CRD must initiate mediation within 60 days of the request.
• Employees cannot pursue a civil action until mediation is complete or if CRD fails to initiate mediation within the required time.

Mediation is considered complete when:

• Neither party requests mediation within 30 days of receiving notice.
• The employer does not respond within 30 days.
• The CRD fails to initiate mediation within 60 days.
• The parties agree that further mediation would be ineffective.

What Changes Have Been Made to the Family Leave Mediation Program?

Key changes to the small employer family leave mediation program include:

• The program is now permanent, eliminating the original expiration date of January 1, 2025.
• It now includes claims related to reproductive loss leave under Government Code Section 12945.6.
• Mediation is considered complete if a mediator confirms that the employer has fewer than 5 or more than 19 employees or if the employee’s complaint is unrelated to family leave provisions.

What Do These Changes Mean for Small Employers and Employees?

The changes to California’s family leave mediation program provide more clarity and protection for small employers and employees. If you are involved in a family leave dispute, it is essential to understand these new regulations. At TONG LAW, our experienced small business law attorneys and employment lawyers can guide you through the mediation process and protect your rights.