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July 21, 2015

Updated California Family Rights Act Notice and Form Available

The Department of Fair Employment and Housing (DFEH) has prepared a new Joint Notice for Family Care and Medical Leave (CFRA Leave) and Pregnancy Disability Leave for employer use. A Spanish translation of the notice is expected to be released soon. 

The new joint notice is worded differently than the prior version of the notice (“Notice B”). In a notice dated July 15, 2015, DFEH said that it is aware of this discrepancy and that employers will not be penalized as long as either notice is posted. The Fair Employment and Housing Council is currently reconciling these notices with a rulemaking action to discontinue use of a joint notice, which will result in the publication of one notice for CFRA Leave and a separate notice for Pregnancy Disability Leave after the rulemaking action is approved and becomes effective.

As Spotlight previously reported, new amendments to the CFRA took effect on July 1, 2015. Pursuant to the amendments, the required workplace poster has been updated, a new medical certification form has been added, and previous language from CFRA that permits the use of the U.S. Department of Labor’s sample medical certification form has been removed, among numerous other changes. As of July 1st, employers should be using the sample CFRA certification form.

Every employer must post a notice explaining the CFRA provisions and procedures for filing complaints “in conspicuous places where employees are employed.” Employers must post the notice “where it can be readily seen by employees and applicants for employment.”

For more information, contact Jason Resnick at (949) 885-2253.