A range of new disability and leave laws have been issued in the state of California. Many of these are set to come into force from January 1 onwards, which necessitates that all employers in the state take note of these changes and review their existing policies so that they remain in compliance.
The most important policy changes are:
Parental Leave :
The state has expanded parental leave to encompass small employers as well. Under current laws, employers having 50 or more employees in the radius of 75 miles need to grant around 12 weeks of unpaid leave to those who are eligible and request it. From January 1 onwards California will be extending the leave entitlement to employees who work with companies having 20 employees or more within 75 miles.
All companies must review their parental leave polices to ensure they are complying with this change.
California and Local Sick Leave Laws:
After the California Paid Sick Leave Law was passed, numerous cities in the state have enacted their own versions of leave ordinances placing additional requirements on employers.
The cities currently having sick leave ordinances are: Los Angeles, San Francisco, San Diego, Oakland, Berkeley, Santa Monica and Emeryville.
Employers must check to see if any of these ordinances will apply to their organizations, since their application gets triggered by low thresholds of work.
Lactation Ordinance:
With effect from January 1, San Francisco will be expanding current federal and state laws with respect to lactation in the workplace. Under this, employers will be required to offer employees lactation rooms that are clean, safe, and free from hazardous items. The rooms must have a place to sit, a surface to keep a breast pump along with other related personal items, and offer access to a sink, a refrigerator, and electricity.
Employers will need to update their employee handbooks since the law mandates that a written lactation accommodation policy be developed.
Domestic Violence Leave Notice:
The existing law requires employers having 25 or more employees to put in place written notice to inform their employees of their rights with respect to protected leave available in cases related to domestic violence, stalking or sexual assault.
All employers are required to inform every employee of his or her rights on being hired and also whenever requested. The Labor Commissioner released an online form this July that employers can use to satisfy these new notice requirements. Employers must check that their new hire processes and packets include this notice.
The numerous changes make it essential for employers review and revise their written handbooks, procedures and policies as needed.
