Categories
Human Resources

Time to Update Those Handbooks

Bereavement Pay

On October 3, 2022, Assembly Bill Number 1949 passed requiring employers with five or more employees to grant unpaid bereavement leave up to five days upon the death of a family member. California is the third state to mandate this time off.

This applies to an employee who has been employed for at least 30 days prior to the leave who lost a “family member” is eligible for this leave. A “family member” is defined as a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law (parent of a spouse or domestic partner).

Pronouns

Time to check your Handbooks! Pregnancy leave and CFRA leave policies were required to be gender-neutral (AB 1556) in 2018. In CA, employers must refer to workers by the pronoun they use to refer to themselves and failure to do so can be considered harassment. Best practices include being as inclusive as possible, using plural pronouns, such as “they” and “their,” and “employees”, and defining ’employee’ to include those who identify as male, female or nonbinary.

Categories
COVID-19

California Covid-19 update for employers

California Set to Extend COVID-19 Supplemental Paid Sick Leave Until 12.31.2022

Gov. Newsom extended the 2022 COVID-19 supplemental paid sick leave (“SPSL”) through December 31, 2022.

• Required SPSL Remains the Same: AB 152 will require employers with 25+ employees to provide SPSL for an additional three months, but this is an extension to the current leave, not a new bucket of SPSL leave. The qualifying reasons for using SPSL also remain the same. Employers should continue to follow the leave requirements as per the original SPSL law.

• Employer-Friendly Changes Related to Testing: Employees who test positive may be required to submit to a 2nd test on/after the 5th day and employers may require a 3rd test within 24 hours, if the 2nd test is positive.

• Small Business and Nonprofit COVID-19 Relief Grant: AB 152 (due for repeal on 1/01/2024) establishes the California Small Business and Nonprofit COVID-19 SPSL Relief Grant Program to assist qualified small businesses or nonprofits that are incurring costs for SPSL up to $50,000. To see if your business or nonprofit qualifies for the SPSL Relief Grant, review the criteria here.

• Local SPSL Ordinances: Local jurisdictions in California may have their own SPSL ordinances. Employers in these jurisdictions may count leave provided under one of these ordinances toward SPSL obligation under AB 152 so long as the leave was provided for the same reasons and compensates the employee in an amount equal to or greater than what is required under AB 152.

GOOD NEWS

When it comes to COVID health screenings, it IS sufficient for California’s Emergency Temporary Standards to have employees sign a “one and done” acknowledgement that they will comply with the company’s policy of self-assessment, in lieu of signing daily acknowledgements.

Categories
HR Policy

Colorado’s Paid Family and Medical Leave Insurance (FAMLI)

Proposition 118 passed in November of 2020, paving the way for CO’s Paid Family and Medical Leave Insurance (FAMLI) program. The FAMLI program will provide Colorado employees with paid to take care of themselves or their family during life circumstances that pull them away from their jobs (new parenthood, taking care of a loved one with a serious health condition, etc.). Team members may be eligible for benefits under FAMLI program as soon as January 1, 2024.

Both employers and employees will contribute premiums to the FAMLI program, so employees may start to see a FAMLI premium deduction on their pay statements beginning January 1, 2023. Most eligible employees will receive up to twelve weeks of leave with the FAMLI program. Those who experience pregnancy or childbirth complications may receive an additional four weeks.