Recently, the Department of Fair Employment and Housing Council (FEHC) published proposed amendments to the California Family Rights Act (CFRA) regulations. The rulemaking action seeks to clarify portions of the existing regulation and bring relevant portions of it into alignment with the federal FMLA, thereby creating more consistency between the two laws.
The proposed amendments cover 11 sections, as titled below:
- Right to CFRA Leave
- Definitions
- Denial of Leave/Reasonable Request/Permissible Limitation
- Right to Reinstatement/Guarantee of Reinstatement/Rights Upon Return/Refusal to Reinstate/Permissible Defenses
- Computation of Time Periods/Twelve Workweeks/Minimum Duration
- Request for CFRA Leave/Advance Notice/Certification/Employer Response
- Terms of CFRA Leave
- Relationship Between CFRA Leave and Non-Pregnancy Leave/Relationship Between CFRA Leave and Non-Pregnancy Related Disability Leave
- Retaliation and Protection from Interference with CFRA Rights
- Notice of Right to Request CFRA Leave
- Relationship with FMLA Regulations
- Certification Form
So What Does All of This Mean?
Amendments to the regulations will likely require employers to review policies, employee handbooks, and training as well as update labor law posters and other employee communications.
The FEHC is holding a public hearing on April 7, 2014 at 10:00 am at the University of California, Irvine. The public hearing is designed to give concerned employers the opportunity to make comments, voice objections and submit recommendations. Additionally, employers have a second opportunity when the Department of Fair Employment and Housing holds a hearing on June 2, 2014 at 10:00 am at the California Public Utilities Commission. There is also a written comment period where interested parties may submit written comments relevant to the proposed regulations to the Council. The written comment period closes at 5:00 pm on June 2, 2014.
If interested comments can be mailed to:
Fair Employment and Housing Council
c/o Phyllis W. Cheng, Director
Department of Fair Employment and Housing
2218 Kausen Drive, Suite 100
Elk Grove, CA 95758
Compliance Poster Company’s HR Research and Compliance Team will be watching as developments unfold and as usual report to clients via electronic communications and updates to this blog. Stay tuned.