As a family caregiver, you have taken on the role of both the care provider and the advocate for the loved one in your care. The state of California officially and unofficially recognizes the responsibility on your shoulders. While the state has a long way to go with improving the support and infrastructure for you as a caregiver, they are consistently makings steps in the right direction. In this article, we’ll summarize most of the laws that impact you as a family caregiver in California.
California Hospital & Family Caregiver Law
The California Hospital and Family Caregiver Law went into effect in 2016. It created rights for you and your loved one in hospitals throughout California. Prior to this law, family caregivers were not always informed on matters such as hospital transfers and discharge, which left them in the dark on important matters pertaining to their loved one’s care. With thanks to the California Hospital and Family Caregiver Law, hospitals now need to:
- Record the name of a designated family caregiver.
- Notify that caregiver of important status updates (such as discharges to a new facility or home).
- Provide detailed instructions to family caregivers teaching them how to perform medically necessary procedures or tasks that they will be expected to carry out at home. This includes information about medications, dosage, and proper use of medical equipment.
- Provide all information and allow questions in a language that the caregiver and patient are comfortable using.
How to use the California Hospital & Family Caregiver Law:
To make use of this law, AARP offers a wallet printout you can keep in your wallet to remind you of your rights under this law. Click here to download it.
(Source: AARP)
California Paid Family Leave Act (PFL)
The California PFL is a wage replacement program that helps to subsidize income losses for family caregivers or new parents who need to take time away from their job to provide care. This law covers employed Californians who meet the following criteria:
- Contribute to SDI (State Disability Insurance)
- Provide care to their child, spouse, domestic partner, parent, grandparent, grandchild, parent-in-law, or sibling.
As of July 1, 2020, eligible caregivers can take up to 8 weeks of time off at any point in a 12-month period. This time does not need to be consecutive and they will receive partial reimbursement for wages lost.
How to use the California Paid Family Leave Act:
To make use of this law, check out our article that covers it in a bit more depth. In that article, we included links for how to apply with the state of California.
California Family Rights Act (CFRA)
California Family Rights Act (CFRA) is a law that allows family caregivers to take job-protected leave away from work to provide care for a loved one. This law covers employed Californians who meet the following criteria:
- Be employed by a company with at least 5 employees
- Provide care to their child, spouse, domestic partner, parent, grandparent, grandchild, parent-in-law, or sibling.
As of July 1, 2020, eligible caregivers can take up to 12 weeks of time off at any point in a 12-month period. This time does not need to be consecutive and workers will be protected from job loss or demotion while on leave. CFRA and PFL can be taken simultaneously, but they require separate applications.
How to use the California Family Rights Act:
To make use of this law, check out our article that covers it in a bit more depth. In that article, we included links for how to apply with the state of California.
Note: When CFRA is paired with PFL (paid leave), caregivers in California can take up to 12 job-protected weeks off within a 12-month period and receive between 60-70% of their wages reimbursed for 8 of those weeks. (Source)
California Paid Sick Leave
The California Paid Sick Leave policy allows employed persons a minimum of 3 job-protected and paid sick days (some localities allow for more) per year. This law covers employed Californians who meet the following criteria:
- Have been employed for at least 30 days by the same employer.
How to use California Sick Leave:
You are eligible to use California sick leave for yourself or a family member. This can be used for:
- The diagnosis, care, or treatment of an existing health condition
- Preventive care,
- For time off related to domestic violence, sexual assault, or stalking. (Source)
Contact your employer for more information about their policy about how to use California Sick Leave.
(Source: CA.gov)
PENDING: Updates to Fair Employment Laws [AB 1119]
As of 2021, the state of California is considering an amendment to its fair employment laws. This amendment would add protections for family caregivers in the workplace. Currently, there is no law that prohibits employment discrimination on the basis of your status as a family caregiver. This law would change that.
This amendment would theoretically change employment for caregivers in two ways:
- First, it would prevent employers from discriminating against applicants and existing employees who are seeking, obtaining, or holding work based on family caregiving responsibilities. For example, seeking a job with a flexible schedule to allow more time for care. Currently, employers can refuse to offer the job to someone seeking a role that considers their external care responsibilities.
- Second, it would provide all employees with “direct and ongoing” responsibilities for their children or other family members the right to some accommodations. For example, the right to arrive a few minutes late or leave a few minutes early if a childcare issue arises (provided it doesn’t unduly harm the employer). Currently, families need to use another avenue (such as disability) to be granted protected accommodations.
(Source: an Op-Ed in the LA Times)
Closing Thoughts: Laws in California that Impact Family Caregivers
Family caregivers are the unofficial backbone of our medical system, and the state of California is progressive (in comparison to most states) in terms of recognizing your sacrifice. Due to this, the state of California has and will likely continue to pass laws in your favor. If you know someone providing care to a loved one, pass this article on and let them know their rights.
The California Caregiver Resource Centers are a network of eleven independent 501(c)3 not-for-profit organizations across California that were created to be a free resource for caregivers in the state of California. We would love to connect the family caregiver in your life with their local Center, where they can talk more about local programs for caregivers, answer questions, and explain how they can best support the caregiver in your life
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