April 1 Poster Changes for California Employers
The California Fair Employment and Housing Council, which is responsible for issuing regulations respecting the state's employment discrimination laws, has created a new notice and poster required of California employers as of April 1, 2016. (2 CCR § 11051.)
The new poster describes the rights and obligations of pregnant employees. (Click here for a copy of the poster.) California law protects employees against discrimination or harassment because of pregnancy, childbirth or any related medical condition. In addition, employees must be provided with pregnancy disability leave (PDL) of up to four months (the working days the employee would normally work in one-third of a year, or 17-1/3 weeks), and return the employee to the same job or, in certain instances, to a comparable job when she is no longer disabled by her pregnancy.
All employers employing five or more employees must post and keep posted the notice effective April 1, 2016. It should be located in a conspicuous place where employees can easily read it. Electronic posting is permitted, as long as the notice is posted in a conspicuous place or places where employees would tend to view it in the workplace.
In addition, employers are required to give an employee a copy of the notice as soon as practicable after the employee tells the employer of her pregnancy. Additional descriptions of the types of leaves and accommodations offered must also be included in employee handbooks. For example, employees may be entitled to additional rights under the California Family Rights Act and/or the federal Family and Medical Leave Act. Both of those statutes also contain separate posting and notice requirements.
Finally, a covered employer whose workforce at any facility or establishment is comprised of 10 percent or more persons whose spoken language is not English must translate the notice into every language that is spoken by at least 10 percent of the workforce.
Employment Notice and Posting Review
This is an opportune time for California employers to review all of their employment-related posters and notices to ensure compliance with these changing obligations.