5 Key Handbook Updates

• Paid Family Leave
  • Employees cannot be required to use accrued paid time off/vacation before receiving paid family leave (AB 2123).
• Paid Sick Leave
  • Employees can use paid sick leave or other leave available to them (FMLA/CFRA can be applied) if they, a family member, or designated person are a victim of domestic violence, sexual assault, stalking, and other violent acts such as brandishing a weapon or threatening to cause physical injury or death. Time off may be used for medical attention, court proceedings, safety planning, or relocation and reasonable accommodations must be provided if you are an employer with 25 or more employees (AB 2499).
  • Agricultural employees working outside may use paid sick leave to avoid smoke, heat, or flooding conditions created by a local or state emergency (SB 1105).
• Protected Characteristics
  • Prohibit discrimination based on the intersection, or combination, of two or more protected characteristics. It is recommended to add something along the lines of "or any combination of these" after listing them individually (SB 1137).
  • Remove the term "historically" from the definition of race: "traits historically associated with race, including, but not limited to, hair texture and protective hairstyles, as defined" (AB 1815).

There are additional policy changes (such as minimum wage and the ban of blanket requirement for driver's licenses) that need to be updated if your handbook references them. Employers should routinely review their handbook, policies, and procedures to ensure compliance and that best practices are being implemented in the office and the field.