New FEHA Regulations Also Require California Employers to Update Their PDL Notices

In addition to the policy changes that employers are required to make (discussed previously in “California Employers – Do Your Anti-Discrimination/Harassment/Retaliation Policies Meet The New Requirements?”), the new regulations also change the language in the California Pregnancy Disability Leave notice that employers are required to post.

Under the new FEHA regulations, the notice must explain the FEHA provisions that relate to pregnancy disability leave and include information about:

  • An employee’s right to request reasonable accommodation, transfer or pregnancy disability leave;
  • An employee’s obligations to provide adequate advance notice to the employer of the need for reasonable accommodation, transfer or pregnancy disability leave;
  • The employer’s requirement, if any, that the employee provide medical certification to establish the medical advisability for pregnancy disability leave, reasonable accommodation or transfer; and
  • How to contact the Department of Fair Employment and Housing to file a complaint and learn more about rights and obligations under the Act.

Employers have the option of posting either

  1. The revised notice specified in the regulations, unless it is inconsistent with the employer’s own policy, or
  2. A notice developed by the employer that is consistent with the regulatory requirements.

The DFEH has not provided an updated poster on its website, a copy of the poster can be obtained here.

Covered employers ((i.e. employers with 5 or more employees worldwide, and at least 1 in California) are required to post the revised California Pregnancy Disability Leave notice, or otherwise comply with the notice changes, in all California workplaces beginning April 1, 2016. The old version of the PDL notice must remain posted through March 31, 2016.

The notice must be posted in “conspicuous places where employees are employed.” In addition, the new PDL notice must be translated into every language that is spoken by at least 10% of the workforce, where at least 10% or more employees’ spoken language is not English.

Recommended Action for Employers

It is recommended that all California employers take the necessary steps to obtain the revised PDL notice and post the new PDL notice in all California work locations on Friday, April 1, 2016.

Please note, the revised PDL notice replaces both of the existing PDL notices on the DFEH website (“Notice A” Your Rights and Obligations as a Pregnant Employee and “Notice B” Family Care and Medical Leave and Pregnancy Disability Leave). Employers with 50 or more employees should post the Joint Notice for Family Care and Medical Leave (CFRA Leave) and Pregnancy Disability Leave (Form DFEH-100-21) in addition to the revised PDL notice.