Signed into law July 18, 2024, California Assembly Bill 2011 (AB 2011) significantly expands the scope of the Civil Rights Department’s (CRD) existing Small Employer Family Leave Mediation Program and extends its operation indefinitely.  

Key Provisions 

AB 2011 primarily focuses on unlawful employment practices related to family leave and reproductive loss leave for small employers with 5 to 19 employees. The bill expands on the CRD’s existing mediation program for resolving alleged violations of family care, medical, bereavement, by including reproductive loss leave provisions. Key changes include: 

1. Expansion of Mediation Program: AB 2011 extends the existing Small Employer Family Leave Mediation Pilot Program to include reproductive loss leave. This means that any alleged violations related to reproductive loss leave will now be subject to the same mediation requirements as family care and medical leave. 
2. Tolling of Statute of Limitations: The statute of limitations for claims related to reproductive loss leave will now be tolled from the date the employee contacts the CRD’s dispute resolution division until the mediation is complete or deemed unsuccessful.  
3. Indefinite Extension of Program: AB 2011 removes the current repeal date of January 1, 2025, making the pilot program a permanent CRD offering. This change underscores the CRD’s focus on mediation as a means of resolving employment disputes and providing a consistent framework for small employers and employees to address grievances. 

Best Practices 

• Stay Informed: Employers should keep up with changes in employment laws and regulations, particularly those related to family leave and reproductive loss leave. This will help provide accurate guidance to employees and ensure compliance with legal requirements. 

• Implement Clear Policies: Develop and communicate clear policies regarding family leave and reproductive loss leave. Ensure that employees are aware of their rights and the procedures for requesting leave and mediation.