Skip to main content Skip to secondary navigation
Main content start

Updates to Stanford’s family leave and bereavement policies

Two California laws effective Jan. 1, 2023, modify existing California Family Rights Act, which provides job-protected leave in many circumstances.

Two California laws, AB 1041 and AB 1949,  that went into effect Jan. 1, 2023, have modified the existing California Family Rights Act (CFRA), which provides job-protected leave for family care and medical leave to eligible California employees. 

How do these new laws affect Stanford policy?

  • AB 1041 (CFRA leave) expands the list of individuals for which an employee can take leave under the CFRA. 

    • Employees may now use family and medical leave to care for a “designated person” of their choosing. This may include an individual related by blood or someone whose association with the employee is the equivalent of a family relationship.
    • Employees may also use up to 3 paid family sick days for diagnosis, care, or treatment of an existing health condition of, or preventive care for, a designated person.
    • Employees are limited to one designated person per rolling 12-month period.

Although CFRA and FMLA both provide job protection and often run at the same time, the CFRA rules create some uncommon scenarios in which a California employee might be eligible for 12 weeks of CFRA, and 12 weeks of FMLA in the same rolling 12-month period. When you start a claim with Stanford’s leaves administrator, they will confirm all of the leave types for which you are eligible. For questions, call AbsenceOne at 866-566-1906.

  • AB 1949 (bereavement leave) provides employees with up to five unpaid days of bereavement leave upon the death of a family member.

    • The university will expand its current policy to provide contingent employees with up to five unpaid days of bereavement leave.
    • For regular employees, Stanford will continue to provide up to five paid days of bereavement leave. 

To review the policy updates, visit the Administrative Guide, AGM 2.3.5 Disability and Family Leaves, AGM 2.1.7 Sick Time: Regular Staff Employees, Regular Academic Staff-Research, and Regular Academic Staff-Professional Librarians, AGM 2.1.22 Sick Time for Temporary and Casual Staff Employees, and AGM 2.1.8 Miscellaneous Authorized Absences.

What if I live outside of California?

The new law, AB 1041, applies to CFRA leave for California residents and does not change the federal FMLA, which provides similar job protection for out-of-state employees when eligible. FMLA also provides 12 weeks of leave in a rolling 12-month period if you are caring for a family member (e.g., spouse, child or parent) with a serious health condition, or to bond with a newborn, adopted child or foster child. However, FMLA does not currently define “family member” to include grandparents, grandchildren, siblings, or registered domestic partners. For questions, call AbsenceOne at 866-566-1906.

More News Topics