Legislative Update: Expansion of Paid Family Leave (SB 590)
Let’s talk about another important bill passed this session impacting workplaces: Senate Bill 590, the Paid Family Leave to Care for Chosen or Extended Family Act, signed by the Governor on October 13, 2025, expands the state’s paid leave program to cover “designated persons.”
Existing law:
In 2004, California was the first state to implement a Paid Family Leave program (administered as part of the State Disability Insurance program) that provides benefits to workers who need to take time off to care for a seriously ill family member, or to bond with a new child either from birth, adoption, or foster care placement. In 2022, SB 951 was adopted to, among other things, for claims commencing on or after January 1, 2025, revise the formula for determining benefits under both the SDI and PFL programs to provide an increased wage replacement rate ranging from 70-90 percent based on the individual’s wages.
- The State Disability Insurance (SDI) program was established as a partial wage replacement plan funded through employee payroll deductions that is available (through the Disability Insurance (DI) and Paid Family Leave programs (PFL)) to eligible individuals who are unable to work due to sickness or injury of the employee (including pregnancy), the sickness or injury of a family member, or the birth, adoption, or foster care placement of a new child. (Unemployment Insurance Code §2601-3308)
- The PFL program provides eligible employees up to eight weeks of wage replacement benefits within a 12-month period to workers who need to take time off work for the following reasons: a) To care for a seriously ill family member, as defined; b) To bond with a minor child within one year of the birth or placement of the child in connection with foster care or adoption; c) To participate in a qualifying event because of a family member’s military deployment. (Unemployment Insurance Code §3301)
- PFL defines “family member” to mean a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner. (Unemployment Insurance Code §3302). According to the sponsors of the measure, this definition does not reflect the changing structure of households in California and the realities of caring for each other.
What changed?
- Starting July 1, 2028, SB 590 expands eligibility for benefits under the Paid Family Leave program to include individuals who take time off work to care for a seriously ill designated person.
- The bill defines “designated person” to mean any care recipient related by blood or whose association with the individual is the equivalent of a family relationship.
- The bill also specifies that when an individual requests PFL benefits for the first time to care for a designated person, the individual shall do both of the following:
o Identify the designated person.
o Under penalty of perjury, attest to either of the following:
How the individual is related by blood to the designated person.
How the individual’s association with the designated person is the equivalent of a family relationship.
How can I be proactive?
- Train your human resources/office staff on the new changes.
- Prepare for upcoming changes: Employers should review their policies to align with these changes, which will require updating leave policies and procedures to reflect the new definition of who can be cared for under PFL.
- Update those employee handbooks for 2026: Contact Rosasco Law Group for help with any and all compliance needs in the employment law arena.
