Pregnancy Disability Leave and Disability Discrimination Regulations on Review
(October 26, 2012) The California Fair Employment and Housing Commission (FEHC) has completed its changes to the proposed amendments of California’s pregnancy regulations and disability discrimination regulations.
The FEHC recently filed the changes with the Office of Administrative Law (OAL), which can take up to 30 working days to accept or reject the proposed changes to the regulations. The deadline for the OAL to respond to the disability discrimination regulations is November 27, and the deadline to decide on the pregnancy disability regulations is November 30.
If the OAL does approve the proposed regulations, the new regulations will be filed with the Secretary of State and take effect in 30 days. If the OAL does not approve the proposed changes, they will be sent back to the FEHC for revision and issuance of a new notice to the public.
The California Chamber of Commerce has submitted comments to the FEHC, including proposing that the FEHC include in its final regulations a delay in implementing any required posting notifications for employers to at least January 1, 2014. Given that these proposed regulations may not be approved until mid-November 2012, CalChamber believes it would be an unfair burden for employers, especially small businesses, to immediately obtain updated posters/notices that comply with the new regulations. This is especially so given the dissolution of the FEHC, which currently provides electronic copies of the required notices on its website to ease the burden for employers.
The proposed changes to pregnancy disability leave (PDL) regulations include:
- A change to the definition of “four months.”
- Expanded definition of when a woman is “disabled by pregnancy.”
- Necessary changes to Notices “A” and “B,” which provide information for employees about their rights and responsibilities under pregnancy disability leave (Notice “A”) and the California Family Rights Act (Notice “B”).
The proposed changes to the disability regulations include:
- Expanding the definitions of “mental” and “physical” disability.
- Clarification of what evidence might be used to show that a particular function is “essential” to a job.
- A description of the interactive process and obligations of the employer, and the applicant.
Sign up today to receive email notification of OAL's decision, plus advance notice of CalChamber's follow-up webinar. Limited seating is available.
Also available for purchase is the Poster Protect service, ensuring customers will receive a new poster at no additional charge if there are any mandatory changes in state or federal employment law posting requirements during the calendar year.