California Releases New CFRA Posting – But Don’t Fall in Love

California released a new Joint Notice for Family Care and Medical Leave (CFRA Leave) and Pregnancy Disability Leave posting that overlaps content on the current “Notice B” – and then they promptly indicated that two entirely different postings will be released to replace them both.

If you’re a labor law posting geek like we are at GovDocs, you like to give little pet names to the workplace compliance postings – like “Nobby” for the California Notice B of Family Care and Medical Leave and Pregnancy Disability Leave.

But poor little Nobby isn’t long for this world, and neither is the new posting released by California, the CFRA posting (aka “He Who Must Not Be Named”). So don’t get attached to this cute little fella.

The Fair Employment and Housing Council (FEHC) will hammer out discrepancies between Notice B and the new CFRA posting and, eventually, will release two separate postings, one for Family Care and Medical Leave and one for Pregnancy Disability Leave. According to the CFRA Amendments:

“The right to take a CFRA leave under Government Code section 12945.2 is separate and distinct from the right to take a pregnancy disability leave under Government Code section 12945.” (§ 11093 a)

Effective July 1, 2015, the CFRA notice is required for employers, but you’re exempt from penalty if you display at least Notice B with the 11/2012 revision date (good old Nobby!).

The current California “Notice B” and CFRA postings are a joint notice of both:

Why Did California Release a New Joint Posting?

According to GovDocs Compliance Research Counsel, Anne Jakala, Esq., the new joint CFRA posting was released to include the new changes to the CFRA regulations. However, the Fair Employment and Housing Department indicated on its website that the Council will be releasing a rulemaking action to discontinue the joint notice, eventually resulting in one separate notice for CFRA and one separate for Pregnancy Disability Leave.

“In effect, the new Joint Notice will be required to be replaced again when the separate notices are released. In the meantime, the Department has indicated that an employer will not be penalized if either the old Notice B or the new CFRA posting is displayed. Any employer who continues to use the old Notice B will not be penalized.” – Anne Jakala, Esq.

Once the California FEHC releases the separate postings for both CFRA and Pregnancy Disability Leave, GovDocs will retire the current joint notices and support the two new separate notices.

CFRA Changes Effective July 1, 2015

The Fair Employment and Housing Act (FEHA) contains the California Family Rights Act (CFRA). Beginning July 1, 2015, new amendments to the CFRA go into effect. The amendments clarify certain CFRA provisions and bring the regulations up to date with current statues and case law. Specifically, the amendments are to more align the CFRA with the Federal FMLA.

CFRA Posting Requirements and Intranet Posting

The CFRA Amendments require every employer covered by the CFRA to:

  • Display “in conspicuous places where employees are employed” the notice.
  • Include a description of CFRA leave in the next edition of any employee handbook that describes other kinds of personal or disability leaves available to employees.
  • Provide the content in text large enough to be easily read.
  • Translate the notice into the language or languages spoken by groups of employees in any language that is spoken by at least 10 percent of the company’s workforce.

Employers are also encouraged to give a copy of the notice to each current and new employee, but you may provide the posting electronically as long as employees have access to the posting in the digital equivalent of a “conspicuous location”.

A company intranet, for example, would work well for employees who have computer access as a routine part of their jobs. Many employers are using the GovDocs Intranet Poster Program to feed the latest Federal, State, and City postings directly into company intranets, and it works well – especially for remote workers/telecommuters.

Otherwise, print and display the CFRA, but just don’t fall in love with it or give it a name. That would make it that much more difficult to say good-bye when the new postings are released.

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