California Posting Requirements Change April 1

The California Department of Fair Employment and Housing (DFEH) has amended the Fair Employment and Housing Act (FEHA) regulations and the California Family Rights Act (CFRA) regulations. As part of employers’ responsibilities under both amended regulations, employers are required to post two new workplace notices – Paid Disability Leave (PDL) and California Family Rights Act (CFRA). The exact terminology of the two workplace postings is included in the regulations. The new postings replace the DFEH’s “Notice A” and “Notice B” postings.

PDL NOTICE – “YOUR RIGHTS AND OBLIGATIONS AS A PREGNANT EMPLOYEE”

The new FEHA PDL regulations are effective on April 1, 2016 and include, among other things, the procedures and text of the pregnancy disability leave notice covered employers must post in the workplace. The PDL posting requirement applies to California employers with five or more full-time or part-time employees and all California public sector employers. The PDL notice “Your Rights and Obligations as a Pregnant Employee” will replace “Notice A.”

The revised PDL notice explains:

• Protection from discrimination or harassment because of pregnancy, childbirth and related conditions
• Employers’ obligation to provide reasonable work accommodations and PDL leave
• Administration of PDL, including duration and use of leave time, scheduling leave, using paid or unpaid time off, and continuing group health coverage
• Providing advance notice of leave and written medical certification
• Additional California Family Rights Act (CFRA) leave benefits
• DFEH contact information

CFRA NOTICE – “FAMILY CARE AND MEDICAL LEAVE (CFRA LEAVE) AND PREGNANCY DISABILITY LEAVE”

The revised CFRA regulations clarify previous regulations and more closely align CFRA with the federal Family and Medical Leave Act (“FMLA”). The CFRA regulations apply to California employers with 50 or more full-time or part-time employees and require covered employers to post a notice in the workplace explaining the CFRA’s provisions. The DFEH will require posting the new CFRA notice at the same time it requires posting the new PDL notice on April 1. The CFRA notice “Family Care and Medical Leave (CFRA Leave) and Pregnancy Disability Leave” replaces “Notice B.”

The revised CFRA Leave notice covers:

• Employee eligibility for CFRA and use of accrued paid leave
• Eligibility for CFRA and/or pregnancy disability leave, and right to reinstatement
• Providing notice of the need for leave
• Health care provider certification, and intermittent or reduced schedule leave
• Substitution of accrued paid leave for unpaid CFRA leave
• Duration of leave
• Benefits and seniority

Both the PDL and CFRA regulations require employers to post translations of the PDL and CFRA notices in every language spoken by at least 10% of the workforce. In some cases, electronic posting of the notices may be sufficient if they are accessible and can be easily read by both employees and applicants.

Compliance Poster Company will have a combined California PDL & CFRA Peel ‘N Post™ update for California All-On-One™ Labor Law Posters. The required PDL & CFRA notices will also be incorporated on the California All-On-One Labor Law Poster for customers interested in the purchase of a new poster.