09 Feb

January 2021 California HR Legal Updates

Posted at



DFEH Releases Family and Medical Leave Tool Kit

Update Applicable to:
All California employers with five or more employees.

What happened?
The Department of Fair Employment and Housing (DFEH), the administrative agency charged with enforcing the California Family Rights Act (CFRA), has released new documentation for Family and Medical Leave that reflects the expansion of CFRA which went into effect on January1, 2021.

What are the details?
These new documents include the required poster for employers for both Family and Medical Leave as well as for Pregnancy Disability Leave. Employers should be sure to update their posters and new hire and leave packets to include the revised information, in addition to relevant company policies and procedures pertaining to leave.

All the documents mentioned above can be found on this webpage.

What do employers need to do?
California employers may bookmark the webpage in case they ever are to need these resources or would like to double check facts against the state provided fact sheets.


 City of San Jose Extends and Expands Its Supplemental Paid Sick Leave

Update Applicable to:
California employers with employees located in San Jose or working a majority of their time in San Jose.

What happened?
The City of San Jose recently passed an ordinance extending its supplemental paid sick leave ordinance until June 30, 2021 and expanding it to apply to all employers with employees working in San Jose.

What are the details? 
When it was first passed, San Jose’s supplemental paid sick leave ordinance was set to expire on December 31, 2020. In late 2020, the City committed to extending the ordinance into 2021 but waited to see if the Emergency Paid Sick Leave (EPSL) provided under the Families First Coronavirus Response Act (FFCRA) would be extended before taking action. When the federal government did not extend the FFCRA, the City of San Jose passed a revised ordinance that extends the City’s supplemental sick leave until June 30, 2021. The ordinance is retroactive to January 1, 2021.

San Jose’s original ordinance was designed to provide sick leave to employees who did not receive EPSL under the FFCRA; thus, it only applied to employers with 500 or more employees. Because the FFRCA was not extended into 2021, the City of San Jose decided to expand its ordinance to apply to all employers with employees in the City of San Jose, regardless of the size of the employer. That means that San Jose’s supplemental paid sick leave is now available to all employees working in the city.

The reasons to use the supplemental paid sick leave have not been altered. In addition, the city has decided not to grant additional time to employees who may have already exhausted their 80 hours of supplemental paid sick leave.

The revised ordinance can be found here.

What do employers need to do?
San Jose employers should review the above information and update their workplace policies to reflect the changes.


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