Blog

AB1041 Law – CA Extends Time Off Allowances for Medical Leave Requests

Employment Law March 27th, 2023
AB1401-Medical-Leave-980x653 AB1401-Medical-Leave-980x653

AB1041 is an extension and amendment to section 12945.2 of the California Labor Code. Currently, under the California Family Rights Act (CFRA), any employer with more than five employees must approve a medical leave of absence for employees asking for up to 12 weeks of leave. AB1041 changes that in the following ways:

 

Extends the Role of Designated Person

 

Before, a designated person was a spouse, child, parent, mother- or father-in-law. AB1041 changes the wording to mean that a designated person is anyone who is equivalent to a family member even if that person is not related to the employee by blood. AB1041 allows for unique relationships to have merit regardless of genetics. That means that an employee in California can now take a medical leave to care for a person who is like their mother even though they are not related by blood or marriage.

The existing Laws provided by the Healthy Workplace and Healthy Family Act – signed into law in 2014- entitle employees to be paid sick leave and then use those accumulated sick days to cover loss of work when the employee seeks out care – diagnostic, treatment, or medical appointments, etc., including when the employee is well but needs to provide that level of care or transpiration of a family member – child, parent, in-law, etc.

 

How AB1041 Helps Employees In California

 

AB1041 expands the scope of what we consider a “family member” similarly as it does for employees seeking leave. That means that sick leave can now be paid out when an employee must leave work to provide care for anyone with whom they associate as family. Again AB1041 helps California workers to care for the “family” they choose and not specifically those family members designed by blood relations.

 

AB1041 – Expands the Role of Family

 

Under other laws in California, the definitions of what family is have changed. For example, we now have domestic partnerships and under such a child of a domestic partnership is now covered under AB1041 as a family member even if the parent is not a blood relative. So long as the person has an association with the employee equal to being family and regardless of a blood or genetic connection, the employee is able to take off from work under a leave and provide care or support to that person.  However, the employee typically must state those people they consider family upon hiring.

 

AB1041 – Protects Employee From Leave Denial

 

Further, AB1041 makes it illegal for an employer to deny a leave that meets these standards. There are also provisions that make it illegal for employers to retaliate against an employee for requesting or taking a qualified medical leave to care for “family.”

 

Let DLaw Know If You Have Questions Regarding AB1041 And Medical Leave

 

DLaw provides comprehensive legal help to employees who suffer workplace abuse from employers. As an employment lawyer, we help you understand your rights under the changing laws of the California labor code, and help you defend yourself from employer abuse, discrimination, and retaliation. Call us today at (818) 275-5799 to receive more information regarding FMLA or protected leave laws.

Share article

Related Articles

Wage Claim- Person stacking items in a factory setting with work related images inside
Wage & Hour Laws December 18th, 2025
How Long Does a Wage Claim Take in California?
When an employer fails to pay your agreed-upon wages, you probably want to resolve the issue as soon as possible. However, wage claims are not always fast. They often involve a multi-step legal process, and several factors can complicate the timeline.  How long does a wage claim take in California? Working with an experienced employment attorney in California could help you keep the case moving and avoid foreseeable delays. 
Withhold commission-man holding door blocking a pile of cash.
Wage & Hour Laws October 28th, 2025
Can an Employer Withhold Commission After You Resign?
Before you quit your job, consider any potential repercussions that may arise. For example, can an employer withhold commission if you quit? The answer is not as straightforward as you might think.  Explore an employer's right to withhold commission after an employee resigns. Then contact D.Law for a legal consultation before you quit. 
Can you be fired for being pregnant? Pregnant woman sitting in a chair away from workers at a table.
Discrimination and Harassment September 26th, 2025
Can You Be Fired for Being Pregnant? Your Employment Rights Explained
Employment lawyers often receive questions from workers concerned about their rights. One common question among female workers is, "Can you get fired for being pregnant?" Understanding your employment rights is crucial, especially if losing your job coincides with your pregnancy.  Discover which protections are in place for employees and when someone may have grounds to file a wrongful termination lawsuit. 
Vector

Ready to get started?

Contact us now for a free consultation to find out how we can help you.