The California Department of Fair Employment and Housing (“DFEH”) has announced amendments to the Fair Employment and Housing Act (“FEHA”) regulations which impact California Pregnancy Disability Leave (“PDL”) and are slated to take effect April 1. The amendments include updated notices, which must be implemented by April 1st – no fooling!
Updated Notices. Previously, the law required two notices – Notice A for employers with less than 50 employees, and Notice B for employers with 50 or more employees. The amended regulations eliminate the terms “Notice A” and “Notice B.” All employers are now required to provide a single, integrated notice, which is called “Your Rights and Obligations as a Pregnant Employee.” This amended notice now contains information about the California Family Rights Act (“CFRA”), which was previously only contained in Notice B. As before, the notice must be posted, and also must be provided to employees as soon as practicable after the employee tells the employer of her pregnancy, or sooner if she inquires about reasonable accommodations. The amended notice is available on the DFEH website.
The formerly entitled Notice B is now called “Family Care and Medical Leave (CFRA Leave) and Pregnancy Disability Leave.” This notice provides additional information about CFRA and PDL leave, and must be posted prominently where it can be readily seen by employees and applicants for employment, per CFRA’s requirements.
Amendments to the notice provision also include:
- Notices must be posted in conspicuous places where employees are employed (no longer where employees congregate)
- Notices must explain FEHA’s provisions and provide information about how to contact DFEH to file a complaint and learn more about the rights and obligations
- The poster and text must be large enough to be easily read
- Further defines when electronic posting is sufficient
- Mandates that an employer who publishes a handbook that describes other kinds of reasonable accommodation, transfers, or temporary disability leaves must include a description of the reasonable accommodation, transfers, or pregnancy disability leaves in its next edition of its handbook published after adoption of the regulations
- Amends the non-English speaking workforce notice provisions to require translation into every language spoken by at least 10% of the workforce
Updated Regulations. DFEH also amended other portions of the regulations. These include the following clarifications:
- Pregnancy disability leave need not be taken in one continuous period
- Employees are eligible for up to four months of leave per pregnancy, not per year
- Minor tweaks to the continuation of group health coverage provision
What Employers Must Do Now:
- Download the new notices or create a substantially similar notice
- Update or replace all CFRA and PDL notice information found in posters, employer’s intranet or electronic resources, employee handbooks, and written notification letters
What Reed Group is Doing:
- Updating client notifications and packets to include the revised notices
- Updating the CFRA and PDL chapters in Leave Advisor™ to reflect the correct notice language and link to the correct notices