During the final stretch of days leading up to the September 30 deadline, CA Gov. Gavin Newsom signed several labor and employment bills into law. Two of those were concerning the expansion of Leave of Absence regulations in businesses with five or more employees.
AB 1041 expands the definition of who an employee can take a leave of absence to care for to include a “designated person”. The term “designated person” is defined though the bills as “any individual related by blood or whose association with the employee is the equivalent of a family relationship”. The change pertains to both the California Family Rights Act, and California’s paid sick leave law. The bill allows employers to identify the designated person at the time of the request and limit an employee to one designated person per 12-month period.
AB 1949 also amends the California Family Rights Act to include bereavement leave as a protected leave of absence. Under the bill, employees may take up to five days of bereavement leave following the death of a family members. Family members that are covered by AB 1949 include a spouse, domestic partner, child, parent, parent-in-law, sibling, grandparent, or grandchild. The leave of absence must take place within three months of the family members passing and employers may require documentation of the death to support the leave approval. Bereavement leave may be unpaid, but employees can elect to use their available existing leave such as PTO, vacation, or sick leave accruals.
Both of these newly signed bills go into effect January 1, 2023.
One of CalOHA most utilized programs is our Legal Hotline, but did you know that we offer an ADA Hotline and Certification Program that is just as valuable?
Much like our Legal Hotline Program, the ADA Hotline will assist members with questions related to disabled visitors and the park's responsibilities. Members will receive unlimited, single-subject calls to our ADA specialist.
But that’s not all! We can also help set your park up with a CASp inspection. The Certified Access Specialist (CASp) program was created by Senate Bill 262 (Chapter 872, 2003) and is designed to meet the public's need for experienced, trained, and tested individuals who can inspect buildings and sites for compliance with applicable state and federal construction-related accessibility standards. The CASp program is governed by Title 21 Voluntary Certified Access Specialist Program Regulations.
Having a CASp inspection done at your property can help you avoid litigation costs, and also demonstrates your business' commitment to its disabled customers. Many of the accessibility issues in parks are not expensive to fix, and simply having a CASp certificate displayed in your office can help ward off the "drive-by lawsuits”.
If you have questions or concerns about your parks ADA compliance, don’t wait until it’s too late, address them today. Complete the ADA hotline form below or contact the CalOHA office for more information on having your park reviewed by a Certified Access Specialist.
California’s employment laws are constantly evolving, and while most of these changes are implemented at the beginning of the calendar year, there are plenty of new statues, regulations and cases going through court setting new precedents that laws can quicky change midyear without employers’ realization.
To keep employers up to date on all the changes that have been implemented so far this year, CalChamber has released their “2022 Midyear Employment Law Update” white paper. This informative packet is available to CalChamber members and nonmembers alike and contains everything you need to know about recent modifications to California’s Employment Laws.
CalOHA is currently monitoring Assembly Bill 2243 which would require Cal/OSHA on or before December 31, 2025, to submit a proposal for revising regulations on heat illness “to include an ultrahigh heat standard for employees in outdoor places of employment for heat in excess of 105 degrees Fahrenheit.” Revisions that are being required would include an increase in mandatory cool down periods, immediate availability of cool water, and an increase in monitoring for heat-related illnesses, among others.
This bill would also require that Cal/OSHA revise the wildfire smoke regulation originally adopted in 2019, lowering the AQI (Air Quality Index) threshold at which protections equipment would become mandatory.
Assembly Bill 2243 has been amended in Senate as of June 29, 2022 and sent back to committee. Stay tuned for updates as it progresses but in the meantime, check out these tips for keeping both your workers and guest cool and safe through the summer heat waves.
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