California Broadens Paid Family Leave to Include a Designated Person: Here’s What Employers Need to Know

The Golden State continues to expand paid leave laws to reflect evolving caregiving responsibilities of today’s workforce. SB 590, which Governor Newsom just signed yesterday, marks a significant change for employers by broadening the definition of “family” under the Paid Family Leave (PFL) Program. Beginning July 1, 2028, it will include a designated person who is not legally or biologically related but has a family-like relationship with the employee. Here are the top three changes employers should review and the key compliance steps you should consider taking before the effective date.

1. Employees May Take Paid Family Leave to Care for a “Designated Person”

Currently, California’s PFL program provides up to eight weeks of partial wage replacement for eligible employees who take time off to care for seriously ill family members, bond with a new child, or assist with a qualifying military exigency.

SB 590 expands the definition of “family member” to now include a designated person, defined as: any care recipient related by blood or whose association with the employee is the equivalent of a family relationship.

This allows employees to receive PFL benefits to care for individuals who may not be biologically or legally related but have deep, family-like bonds with the employee.

This is a major development that aligns PFL more closely with recent changes made under AB 1041 for other types of leave.

2. Identification and Documentation Requirements

Unlike the requirements under AB 1041 for the California Family Rights Act (CFRA) and Paid Sick Leave, which do not require a sworn declaration, SB 590 introduces a more formal process for employees seeking PFL to care for a designated person. When requesting PFL benefits to care for a designated person, employees must:

• Identify the designated person at the time of their first claim for such benefits, and
• Attest under penalty of perjury how the relationship is either blood-related or equivalent to a family relationship.

This added step highlights the state’s intent to ensure accountability while expanding access to caregiving leave.

3. Limitations and Employer Protections

As with prior legislation, employers may limit employees to one designated person per 12-month period. This provision helps employers manage the potential expansion in caregiving leave requests while still supporting employee flexibility.

Importantly, this law does not alter the overall benefit duration or structure. Eligible employees are still entitled to a maximum of eight weeks of wage replacement benefits per 12-month period under the PFL program.

What Employers Should Do Now

Be prepared to update your paid leave policies and procedures under California’s Family Temporary Disability Insurance program. Although the changes under SB 590 do not become operative until July 1, 2028, you should consider taking the following steps well ahead of the effective date:

• Review and update your leave policies and employee handbooks.
• Train HR staff on the new definition of eligible care recipients.
• Develop a process to include designated person attestations as part of PFL claims.
• Consider how the new rule aligns with existing CFRA and Paid Sick Leave policies, especially following AB 1041.
• Consult with employment counsel to ensure policies, training, and procedures align with the new requirements.

Conclusion

We will continue to monitor workplace developments, so make sure you are subscribed to Fisher Phillips’ Insight System to keep up with the most up-to-date information. Please contact your Fisher Phillips attorney, the authors of this Insight, or any attorney in our California offices or in our Employee Leaves and Accommodations Practice Group if you have any questions.