AB 2011: Unlawful employment practices: small employer family leave mediation program: reproductive loss leave.

Existing law, the California Fair Employment and Housing Act, establishes the Civil Rights Department within the Business, Consumer Services, and Housing Agency and sets forth its powers and duties relating to enforcement of civil rights laws with respect to housing and employment. Existing law requires the department to create a small employer family leave mediation pilot program for the resolution of alleged violations of prescribed provisions on family care and medical and bereavement leave, applicable to employers with between 5 and 19 employees. Existing law requires the department to generally initiate the mediation within 60 days following a request, prohibits an employee from pursuing a civil action until the mediation is complete or the mediation is deemed unsuccessful, and tolls the statute of limitations applicable to the employees claim, including for all related claims not subject to mediation, from the date of receipt of a request to participate in the program until the mediation is complete or the mediation is deemed unsuccessful. Under existing law, the mediation is deemed complete when one of specified events occurs, including that the mediator determines that the core facts of the employees complaint are unrelated to the specified family care and medical and bereavement leave provisions. Existing law repeals the pilot program on January 1, 2025.

This bill would expand the program to include resolution of alleged violations of prescribed provisions on reproductive loss leave. In relation to the above-described provisions regarding the statute of limitations, the bill would additionally toll the statute of limitations applicable to an employees claim relating to an alleged violation of specified provisions on reproductive loss leave, as provided. The bill would also deem the mediation to be complete if the mediator determines that the employer does not have between 5 and 19 employees, except as specified. The bill would delete the repeal date for the pilot program, thereby extending operation of the program indefinitely, and would make conforming changes.