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eqHR Solutions Business Tips: New Pregnancy Disability Leave Notice Must be Posted by April 1

Posted on March 10, 2016

If you have at least 5 employees, be aware that amendments to California’s Fair Employment and Housing Act (FEHA) regulations have been approved and will take effect on April 1, 2016. Employers will be required to post a new Pregnancy Disability Leave (PDL) notice.

The amendments to regulations include changes to the PDL poster, “Your Rights and Obligations as a Pregnant Employee”, as well as clarifications of the pregnancy disability leave requirements.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.  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.

Other items covered in the amendment include:

  • Further definition of who is considered an “employee”
  • For the purposes of determining whether an employer meets the minimum 5 employees requirement, employees do not have to be working in CA to count toward the 5 employee number
  • Also when determining whether an employer meets the minimum 5 employees requirement, employees on leave of absence, CFRA leave, disciplinary or other leave are counted
  • “Eligible female employee” includes a transgender employee who is disabled by pregnancy
  • Employees are eligible for up to four months of leave per pregnancy, not per year
  • Employers shall post and keep posted the appropriate notice on its premises, in conspicuous places where employees are employed. The notice shall explain the Act’s provisions and provide information about how to contact the Department of Fair Employment and Housing to file a complaint and learn more about rights and obligations under the Act
  • The poster and the text must be large enough to be easily read and contain fully legible text.
  • Electronic posting is sufficient to meet this posting requirement as long as it is posted electronically in a conspicuous place or places where employees would tend to view it in the workplace

For more information, visit the Department of FairEmployment and Housing website or call eqHR Solutions for advice.

This article was written by Lauren Sims, a senior eqHR Solutions consultant.