California employers! Another required posting is coming your way, effective April 1, 2019…
Last week, the Office of Administrative Law approved the Fair Employment and Housing Council’s (FEHC) changes to the Family Care and Medical Leave (CFRA Leave) and Pregnancy Disability notice -- now calling it the Family Care and Medical Leave and Pregnancy Disability Leave notice. Information was also added about the New Parent Leave Act (NPLA).
The NPLA is a California leave law that took effect last year. Both the California Family Rights Act (CFRA) and NPLA now provide 12 weeks of unpaid, job protected leave to an employee in order to bond with a newborn or an adopted or foster child placed with the employee. The NPLA applies to employers who have 20-49 employees. They will need to post the new Family Care and Medical Leave and Pregnancy Disability Leave notice. The CFRA applies to employers who have 50 or more employees and they need to replace their existing notice with the new version. Both notices are required to be posted starting April 1, 2019.
Currently, the CFRA provides additional medical leave, but the NPLA is limited exclusively to baby-bonding leave. Over the past year, the FEHC has been working on having NPLA regulations mirror CFRA’s leave requirements. These efforts stalled when most of the proposed regulatory changes were withdrawn from the regulatory process. No additional changes were approved; the FEHC will have to go back to the drawing board before employers see more guidance on the NPLA.
What remains, however, is 1) defining the NPLA in the CFRA definition section, 2) amending the CFRA required notice (as mentioned above); and 3) adding reference to FMLA in the CFRA medical certification form.
CalChamber’s 2019 all-in-one California and Federal Labor Law poster includes the 18 state and federal employment notices every California employer must post, including the Family Care and Medical Leave and Pregnancy Disability Leave notice. Make sure you have an updated poster by April 1 and consider the Poster Protect option – if a mandatory change happens in 2019, you automatically receive a replacement poster at no additional cost.