Friday, February 5, 2021
The Ninth Circuit and the California legislature recently updated employer leave requirements, impacting California employers. The Ninth Circuit recently handed down two decisions regarding leave under the Family Medical Leave Act (“FMLA”), including a decision concerning what constitutes a “workweek” for FMLA purposes. Additionally, as of January 1, 2021, smaller employers in California will have to grant 12 weeks of leave under the California Family Rights Act (“CFRA”). Employers should consider these changes as they update their leave policies, especially as employees may take more extended leaves during the COVID-19 pandemic.
Employee Schedules Do Not Determine What Constitutes a “Workweek”
The FMLA requires covered employers to provide “12 workweeks of leave during any 12-month period” to qualified employees when a covered family or medical need arises (such as the birth or adoption of a child, the need to care for
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While state legislatures focused much-needed attention on pandemic-related legislation throughout most of 2020, many continued to alter their employment laws in significant ways, or simply had previously passed laws scheduled to take effect at the start of 2021.
Some of the most prominent trends at the state and local level include creating or expanding paid leave benefits, pay equity, and anti-discrimination rules; restricting criminal background checks; and limiting the scope of non-compete laws. Employers should review these developments and consider updating their policies and procedures accordingly.
This Advisory provides a summary of major employment-related laws that take effect in 2021 in the following states and localities:[1]
Dozens of chambers of commerce representing the business communities of cities across the state are sending the letter. Click here to read the full text.
–Chambers of commerce across the state of California are sending a letter to governor Newsom asking him to immediately and temporarily suspend laws that they say unfairly burden employers without improving the health and safety of Californians.
In a press release, the Paso Robles Chamber writes, “The California economy cannot fully recover until businesses are allowed to reopen. On behalf of all of our members who are suffering under onerous restrictions, we joined fellow chambers and various organizations throughout the state in lobbying the governor for assistance and leniency to help speed economic recovery.
By City News Service
Jan 22, 2021
LOS ANGELES (CNS) - A radiologic technologist and single mom is suing her former employer, alleging she was wrongfully fired after she was unable to return to work because the coronavirus pandemic prevented her from finding child care.
Yuliya Lykhonosov s Los Angeles Superior Court lawsuit against Olympia Medical Center alleges violations of the California Family Rights Act, the Families First Coronavirus Response Act and wrongful termination. She seeks unspecified damages in the suit filed Wednesday.
An Olympia representative did not immediately respond to a request for comment.
Lykyonosov was hired in October 2017 and last May 26 told her manager she could not come to work because a teacher at her younger child s daycare center tested positive for the coronavirus, which caused the entire facility to close indefinitely, according to her court papers.
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This past year brought new laws requiring changes to policies commonly found in California employee handbooks. To ensure compliance with current California law, employers should review and update their handbooks within these first few months of 2021.
Here are just a few of the key updates employers should act on:
Expansion of the California Family Rights Act (“CFRA”)
Previously, under CFRA, an employee would be entitled to 12 workweeks of unpaid leave in a 12-month period only if he or she worked for an employer with 50 or more employees. SB 1383 expands CFRA to cover businesses with as few as five employees. These employers must now have a CFRA policy in place permitting employees to take up to 12 weeks of unpaid leave.