Sec. 11049 - Employer Notice to Employees of Rights and Obligations for Reasonable Accommodation, to Transfer and to Take Pregnancy Disability Leave

§ 11049. Employer Notice to Employees of Rights and Obligations for Reasonable Accommodation, to Transfer and to Take Pregnancy Disability Leave

(a) Employers to Provide Reasonable Advance Notice Advising Employees Affected by Pregnancy of Their FEHA Rights and Obligations. An employer shall give its employees reasonable advance notice of employees' FEHA rights and obligations regarding pregnancy, childbirth, or related medical conditions as set forth at section 11049(e) and as contained in the Notice as set forth at section 11051(a), or its equivalent.

(b) Content of Employer's Reasonable Advance Notice. An employer shall provide its employees with information about:

(1) an employee's right to request reasonable accommodation, transfer, or pregnancy disability leave;

(2) employees' notice obligations, as set forth in section 11050, to provide adequate advance notice to the employer of the need for reasonable accommodation, transfer or pregnancy disability leave; and

(3) the employer's requirement, if any, for the employee to provide medical certification to establish the medical advisability for reasonable accommodation, transfer, or pregnancy disability leave, as set forth in section 11050(b).

(c) Consequences of Employer Notice Requirement

(1) If the employer follows the requirements in section 11049(d), such compliance shall constitute reasonable advance notice to the employee of the employer's notice obligations.

(2) Failure of the employer to provide reasonable advance notice shall preclude the employer from taking any adverse action against the employee, including denying reasonable accommodation, transfer or pregnancy disability leave, for failing to furnish the employer with adequate advance notice of a need for reasonable accommodation, transfer, or pregnancy disability leave.

(d) Distribution of Notices

(1) Employers shall post and keep posted the appropriate notice on its premises, in conspicuous places where employees are employed. The notice shall explain the Act's provisions and provide information about how to contact the Department of Fair Employment and Housing to file a complaint and learn more about rights and obligations under the Act. The poster and the text must be large enough to be easily read and contain fully legible text. Electronic posting is sufficient to meet this posting requirement as long as it is posted electronically in a conspicuous place or places where employees would tend to view it in the workplace.

(2) An employer is also required to give an employee a copy of the appropriate notice as soon as practicable after the employee tells the employer of her pregnancy or sooner if the employee inquires about reasonable accommodation, transfer, or pregnancy disability leaves.

(3) If the employer publishes an employee handbook that describes other kinds of reasonable accommodation, transfers or temporary disability leaves available to its employees, that employer shall include a description of reasonable accommodation, transfer, and pregnancy disability leave in the next edition of its handbook that it publishes following adoption of these regulations. In the alternative, the employer may distribute to its employees a copy of its Notice at least annually. Distribution may be by electronic mail.

(4) Non-English Speaking Workforce. Any FEHA-covered employer whose work force at any facility or establishment is comprised of 10 percent or more persons whose spoken language is not English shall translate the notice into every language that is spoken by at least 10 percent of the workforce. In addition, any FEHA-covered employer shall make a reasonable effort to give either verbal or written notice in the appropriate language to any employee who the employer knows is not proficient in English, and for whom written notice previously has not been given in her primary language, of her rights to pregnancy disability leave, reasonable accommodation, and transfer, once the employer knows the employee is pregnant.

(e) Notice. An employer may provide a leave policy that is more generous than that required by FEHA if that more generous policy is provided to all similarly-situated, disabled employees. An employer may develop its own notice or it may choose to use the text provided in section 11051, unless it does not accurately reflect its own policy.

(2. Amendment of section heading and section filed 12-9-2015; operative 4-1-2016 (Register 2015, No. 50).)

Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12940 and 12945, Government Code; FMLA, 29 U.S.C. § 2601, et seq. and FMLA regulations, 29 C.F.R. § 825.

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