Cal-Peculiarities: How California Employment Law is Different 2022 Edition

322 | 2022 Cal-Peculiarities ©2022 Seyfarth Shaw LLP  www.seyfarth.com  a California lactation accommodation Polic y. 35 9.2.3 Special event distribution requirements California employers must give  to any employee who informs the employer of her pregnancy (or sooner if the employee inquires about reasonable accommodation, transfer, or pregnancy disability leaves), poster DFEH-E09P (called “Your Rights and Obligations as a Pregnant Employee”), and, for employers with 5 or more employees, poster DFEH-100-21 (called “Family Care and Medical Leave (CFRA Leave) and Pregnancy Disability Leave”), on Family Care/Medical Leave/Pregnancy Disability Leav e, 36  to any employee who makes an inquiry about or requests parental leave, a California-compliant lactation accommodation policy , 37  to any worker victimized by a workplace crime, a notice of eligibility for workers’ compensation for injuries resulting from the crime, including psychiatric injuries, either personally or by first-class mail within one working day of the place of employment crime, or within one working day of the date the employer reasonably should have known of the crim e, 38  to any employee who is unable to work because of illness, injury, or hospitalization because of conditions not related to work, or who is disabled because of pregnancy, childbirth, or related conditions, Pamphlet DE 2515 (called “State Disability Insurance Provisions”) available from the Employment Development Department (even though the pamphlet was issued upon hire of the employee),  to any employee placed on a leave of absence, Pamphlet DE 2320 (called “For Your Benefit”), available from the Employment Development Department,  to any employee who takes time off work to care for a seriously ill child, parent, parent-in-law, grandparent, grandchild, sibling, spouse, or registered domestic partner, or to bond with a new child (either by birth, adoption, or foster care placement), Pamphlet DE 2511 (called “California Paid Family Leave”) available from the Employment Development Department,  notice to employees, before they enroll in certain employer-managed deferred compensation plans, of the reasonably foreseeable financial risk accompanying participation in the plan, and quarterly information about the performance of the plan, an d 39  notice to employees, the employees’ exclusive representative (such as a union) and subcontractors, within one business day of the employer’s receipt of notice of a potential Covid-19 workplace exposure from a “qualifying individual. ” 40 9.2.4 Distribution requirements upon interruption of employment or benefits Unemployment compensation information. California employers must give written notice of a change in employment status to employees whose continuous employment status is being disrupted because of dismissal, layoff, or leave of absence. The notice must contain (1) the employer’s name, (2) the employee’s name, (3) the last four digits of the employee’s social security number, (4) the type of action (e.g., termination, layoff, leave of absence, or a change in status from employee to independent contractor), and (5) date of the action. Additionally, when a California employer discharges, lays off, or places an employee on a leave of absence, the employer must provide the