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

324 | 2022 Cal-Peculiarities ©2022 Seyfarth Shaw LLP  www.seyfarth.com 33 Lab. Code § 230.1(h). If an employer elects not to use the form developed by the Labor Commissioner, the notice provided by the employer to the employees shall be substantially similar in content and clarity to the form developed by the Labor Commissioner. 34 Gov’t Code § 12950. 35 As of 2020, California employers must include a compliant lactation accommodation policy in the employee handbook or set of policies and must distribute this policy to new employees upon hire and when an employee asks about or requests parental leave. Lab. Code § 1034(c). 36 2 Cal. Code Regs § 11049 ; https://www.dfeh.ca.gov/wp-content/uploads/sites/32/2020/12/CFRA-and-Pregnancy-Leave_ENG.pdf ( visited Jun. 11, 2022). 37 Lab. Code § 1034(c). 38 Lab. Code § 3553. 39 Lab. Code § 2809. 40 Lab. Code § 6409.6. This written notice must be provided to all employees and employers of subcontracted employees who were on the premises at the same worksite as the “qualifying individual” within the “infectious period,” that they may have been exposed to Covid-19. Such notice also must be provided to the exclusive representative (if any) of the employees. Lab. Code § 6409.6(a)(1). The statute defines a “qualifying individual” as a person who (1) has a laboratory-confirmed case of Covid-19, (2) a positive Covid-19 diagnosis from a licensed health care provider, (3) a Covid-19-related order to isolate provided by a public health official, or (4) died due to Covid-19, in the determination of a county public health department or per inclusion in the Covid-19 statistics of a county. Lab. Code § 6409.6(d)(4). The term “infectious period” is defined as the time a Covid-19 positive individual is infectious, as defined by the State Department of Public Health. Lab. Code § 6409.6(d)(2). Note that the Cal/OSHA Covid-19 Emergency Temporary Standard requires similar written notice to employees and independent contractors who may have had close contact with a Covid-19 case. See 8 Code Regs. § 3205(c)(3)(B). 41 Unempl. Ins. Code § 1089; 22 Cal. Code Regs §1089-1. For forms, see www.edd.ca.gov/payroll_taxes/Required_Notices_and_Pamphlets.htm ( visited May. 26, 2022). 42 Lab. Code § 2807.