With the COVID-19 pandemic causing unprecedented change for businesses this past year, a number of new laws and regulations also are taking effect with respect to case reporting and leaves of absence.
“Two sets of laws dominated this year’s legislative cycle; the first are the new COVID-19 reporting and workplace safety laws through AB 685, SB 1159, and the Cal/OSHA emergency regulations,” Denise Davis, CalChamber vice president, media relations and external affairs, told the Northern California Record by email. “These laws require employees to provide near-immediate notice of COVID-19 cases in the workplace to their employees, their workers’ compensation carrier, and in the case of outbreaks their local health department. The Cal/OSHA emergency regulations also set forth a detailed and comprehensive workplace safety framework that includes a written COVID-19 prevention plan for the prevention and control of COVID-19 transmission in the workplace.”
Both the Cal/OSHA emergency regulations and SB 1159 are already in effect, while AB 685 will take effect on Jan. 1. Davis noted that for AB 685, which creates several written notice requirements to employees related to COVID-19 exposure, employers can prepare the notices in advance in order to comply immediately.
Also taking effect on Jan. 1 is SB 1383, which expanded the California Family Rights Act (CFRA) to cover all employers with five or more employees and expanded the reasons for which an employee may take CFRA.
“For those unfamiliar, the CFRA requires employers to provide an unpaid leave of absence for up to 12 weeks in a 12-month period if the employee is eligible and has a qualifying reason,” Davis said. “As with any required leave of absence, employers are burdened with administering the leave in compliance with the laws. For employers who have never been required to provide this type of leave of absence it can be very difficult coming up to speed on all the new rules they must follow.”
Prior to SB 1383, the CFRA applied only to businesses with 50 or more workers.
Given the many new COVID-19 regulations across California, enforcement is the biggest concern for employers.
“Cal/OSHA and other agencies are ramping up enforcement of the COVID-19 restrictions and a failure to comply could result in fines, penalties, or even a shutdown of the business,” Davis said.
Even with relief provided by the COVID-19 vaccines, employers still must be vigilant in proper application of the new laws.
“While the recent vaccine news has provided hope that the pandemic is closer to the end than ever before, there is very little guidance on their usage in the workplace,” Davis said. “Vaccine rollout is also expected to take several months. At this time, an employer’s priority should be on familiarizing themselves with the COVID-19 emergency regulations for the protocols they should have in place.”
It's crucial for employers to continually educate themselves on any changes to workplace mandates, Davis said.
“This has been a year unlike any other in employment law,” Davis said. “Unlike in years past, employers need to remain flexible and need to stay up to date on ever-changing guidelines and rules throughout 2021. In addition to resources from organizations like CalChamber, government agencies such as Cal/OSHA, the California Department of Public Health, and the California Department of Fair Employment and Housing regularly update their rules and guidance for the workplace to help employers comply with the most burdensome new rules we have in place starting January 1.”