Mind the Gap – Are You Missing Any Laws That Apply to You?

02.24.21Baylee Davies

Mind the Gap – Are You Missing Any Laws That Apply to You?

Part of running a business is keeping track of the ever-changing regulations that apply to your company. Many Federal and State employment regulations are based on the number of employees the company has on its payroll.

Has your business changed in the number of employees over the last year?  Are you confident you are compliant with the laws related to your company’s size?

Some laws that may affect your company based on employee count are:

  • California Family Rights Act (CFRA) now applies to companies with 5 or more employees. Employees must be provided with 12 weeks of unpaid job-protected leave per year. Even if your company was already covered under CFRA, there are changes to the law which you need to know. In addition, the company is required to notify its employees about their rights under CFRA.
  • Pregnancy Disability Leave (PDL) applies to companies with 5 or more employees and has different requirements than CFRA. It can be confusing to coordinate PDL and CFRA and ensure all the documentation and leave requirements are met.
  • Harassment Prevention Training is required for both employees and supervisors when the company has 5 or more employees. This training is required within 6 months of a new hire starting or promotion to management of an existing employee. It must be conducted every 2 years.
  • Companies with 15 or more employees must comply with the Americans with Disability Act by providing reasonable accommodations to employees who may need them to perform the essential functions of their jobs. The company is also required to engage in an interactive dialogue with an employee who requests an accommodation to determine if it can be reasonably provided.
  • Companies with 25 or more employees may be required to grant employees time away from work to participate in Alcohol or Drug Treatment and Rehabilitation. This can be a complex issue when it involves employees who have otherwise violated the company’s Drug and Alcohol Policy. Employers often need objective assistance with how to apply the requirements of the alcohol/drug treatment policy.

Additional unusual but required leaves based on employee size are:

  • Paid Organ and Bone Marrow Leave – applies to companies with 15 or more employees
  • Civil Air Patrol Leave – applies to companies with 16 or more employees
  • Crime or Victim Abuse Leave for Medical Treatment – applies to companies with 25 or more employees
  • Military Spouse Leave – applies to companies with 25 or more employees
  • School and Child Care Activities Leave – applies to companies with 25 or more employees working at one location

How SDHRC Can Help

We provide an HR Toolbox to assist with many of your questions. However, the laws that apply to you can be confusing and expert advice is often needed to assess your company’s situation. If your company has changed in size, now has employees in multiple states or you are not sure which employment laws apply to you, contact us for more information and we can assist with ensuring you are in compliance with the complex employment laws in California and other states in which you may have employees.

Looking for a full assessment of your policies and practices? We provide a valuable service to clients with our HR Review – Gap Analysis. This complete HR gap audit provides all the details on what you need to be compliant and lower your risk of getting into legal hot water. It also provides you with recommendations on best practices to increase your organization’s effectiveness. In addition, the comprehensive report will give you peace of mind about the processes in your organization that are in compliance and encourages you to keep those up!

Contact us now to get started on your own HR Review – Gap Analysis to give you the peace of mind you need and to help your business grow and be successful!

About the Author

Traci Hagan, “Treasure Trove”

Traci is an HR Consultant who has been with SDHRC for over 4 years but has over 32 years of experience in employee relations, conflict resolution benefits administration, training and development, workers’ comp, and staffing. Traci’s experiences encompass multi-organizational and cross-cultural issues which allow her to expertly charter the waters of complex problems and where she thrives by discovering and providing solutions for smoother sailing.