Pregnancy Disability Leave Amendments Bring Poster Change for April 1

Amendments to California’s Fair Employment and Housing Act (FEHA) regulations have been approved and will take effect on April 1, 2016.

The amended regulations include clarifications regarding pregnancy disability leave, as well as changes to the mandatory pregnancy disability leave poster requirement — “Your Rights and Obligations as a Pregnant Employee.”

California’s pregnancy disability leave laws apply to any employer with five or more full-time or part-time employees and to all California public sector employers.

Covered employers are required to post a specific notice to employees explaining their rights and obligations regarding pregnancy, childbirth or related medical conditions.

An employer is also required to give an employee a copy of the appropriate notice as soon as practicable after the employee tells the employer of her pregnancy or sooner if the employee inquires about reasonable accommodation, transfer, or pregnancy disability leaves.

If the employer publishes an employee handbook that describes other kinds of reasonable accommodation, transfers or temporary disability leaves available to its employees, that employer shall include a description of reasonable accommodation, transfer, and pregnancy disability leave in the next edition of its handbook that it publishes following adoption of these regulations. In the alternative, the employer may distribute to its employees a copy of its Notice at least annually. Distribution may be by electronic mail.

The notice includes information about:

  • An employee’s right to request reasonable accommodation, transfer or pregnancy disability leave.
  • An employee’s obligations to provide adequate advance notice.
  • The employer’s requirement, if any, that the employee provide medical certification of the need for pregnancy disability leave, reasonable accommodation or transfer.

The revised notice will be required for covered California employers beginning April 1, 2016.

Visit the Fair Employment and Housing Council’s website for the text of the amendments, along with the Council’s statement of reasons for proposing the amendments. Click here to view the final version of the regulations with tracked changes.

Source: CalChamber  |  2016 © Copyright Payroll Masters

Payroll Masters is not a licensed insurance broker or agent and does not provide professional or legal advice. This document has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please contact your employment attorney in connection with any fact-specific situation in which you intend to take significant employment action. Readers agree that they will hold Payroll Masters in indemnity and Payroll Masters assumes no liability. Payroll Masters is not engaged in rendering legal or accounting services. Therefore, Payroll Masters assumes no responsibility for claims arising from the use or implementation of the above information.