by Michelle Ferber and Ben McDonald
The Department of Fair Employment and Housing (DFEH) has mandated a new workplace posting and notice requirement for California employers effective April 1, 2016. The new notice informs employees of their rights and obligations regarding pregnancy leave. For employers who purchased an all-in-one poster for your business, this means that your poster will no longer be accurate with regard to California Pregnancy Disability Leave.
Applying to employers of five or more employees, this new notice replaces former “Notice A.” The new posting adds language regarding the notice a pregnant employee should give her employer, and informs pregnant employees of additional rights under California Family Rights Act (CFRA) leave. The DFEH has stated that employers will not be penalized for failing to replace Notice A by April 1. However, as it becomes the law as of that date, employers should nonetheless ensure their compliance by that date.
This link will take you to a copy of the new notice. DFEH-100-20 (04-16) Employers who have purchased and are displaying a 2016 all-in-one poster are encouraged to post this notice as close as possible to former Notice A and indicate that this new poster is now the law. Employers who post notices individually may simply replace the former Notice A with this document.
If you have any questions or concerns about posting requirements or leave policies, do not hesitate to contact Ferber Law.
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.