Archived Policy Updates

We have removed the Security Policy and updated the Workplace Violence Policy in CalChamber's Employee Handbook Creator due new California workplace violence prevention requirements that apply to nearly all California employers effective July 1, 2024.

The Workplace Violence Policy has been renamed the Workplace Violence Prevention Policy and updated to fit within the framework of the new California law, including incorporating references to the employer's workplace violence prevention plan and related procedures required by the law.

New customizable fields were created for employers to include their specific procedures allowing employees to:

• Report workplace violence hazards, incidents, concerns and any other related information; and
• Access and obtain a copy of the employer's workplace violence prevention plan.  

The policy has also been updated with an optional provision allowing employers who offer an employee assistance program (EAP) benefit to inform employees of the EAP and who they can contact to learn more about the program. The optional EAP provision is not related to the new California workplace violence prevention law; rather it's simply an optional clause provided for employers to choose to provide EAP benefit, which may be helpful for employees that are the target or witness of workplace violence.

Covered employers must still develop and implement a separate workplace violence prevention plan, train their employees and otherwise comply with California workplace violence prevention requirements.*

Given the nature of the Workplace Violence Prevention Policy updates, along with California's new workplace violence prevention requirements (including the workplace violence prevention plan and training requirements), the existing Security Policy became redundant and potentially confusing. As such, it was removed from the Employee Handbook Creator.

If this update applies to you, we highly recommend that you immediately update your handbooks with this change and consult legal counsel with any questions you may have.

For more information on how to view policy updates or make policy updates to your handbook, refer to the View/Update a Policy How To from the Employee Handbook Creator's Help menu.

We have updated the Pregnancy Disability Leave (PDL) policy to not only address new federal regulations implementing the Pregnant Workers Fairness Act (PWFA), but also include an anti-retaliation provision, as well as language communicating the employers' intent to engage in the interactive process when receiving accommodation requests.

The federal PWFA requires covered employers with at least 15 employees to make reasonable accommodations for the "known limitations related to a qualified employee's or applicant's pregnancy, childbirth or related medical conditions." The PWFA largely overlaps with California law with respect to providing reasonable accommodations to those affected by pregnancy; however, there are differences between the laws with respect to documentation that should be addressed in covered employers' policies.

Both California law and the federal PWFA generally allow for employers to request documentation to support the accommodation request. Federal regulations, however, specifically list several instances in which employers cannot request supporting documentation. These include the pregnant employee requests one of the following accommodations that the regulations identify as being "predictable assessments," meaning they're considered reasonable in virtually all cases:

• Carrying water and drinking as needed during the workday;
• Taking additional restroom breaks;
• Sitting when their work requires standing and standing when their work requires sitting; and
• Taking breaks as needed to eat and drink.

The PDL policy has been updated with additional language specifically addressing the documentation limits for the "predictable assessment" accommodations listed above that covered employers may add to their PDL policy.

Additionally, the PDL policy has been updated to include an anti-retaliation provision and additional language communicating the employers' commitment to engaging in the interactive process when receiving an accommodation request. These two changes are not specifically related to the PWFA; rather, they are consistent with existing law and are intended to improve the PDL policy's effectiveness in communicating the employers' obligations and intentions to covered employees, as well as demonstrate employers' compliance with the law.

If this update applies to you, we highly recommend that you immediately update your handbooks with this change and consult legal counsel with any questions you may have.

For more information on how to view policy updates or make policy updates to your handbook, refer to the View/Update a Policy How To from the Employee Handbook Creator's Help menu.

New policy:

• Reproductive Loss Leave.

Updated policies:

• Harassment, Discrimination and Retaliation.
• Drug and Alcohol Abuse.
• Paid Time Off (PTO).
• Sick Leave.
• Berkeley Sick Leave.
• Emeryville Sick Leave.
• Los Angeles Sick Leave.
• Oakland Sick Leave.
• San Diego Sick Leave.
• San Francisco Sick Leave.
• Santa Monica Sick Leave.

Please read these details carefully and update your policies as necessary to ensure your handbook is up to date for the new year.

The new Reproductive Loss Leave policy was created to address a new law that requires covered employers to provide leave to eligible employees who suffer certain defined reproductive loss events.

Prior to 2024, reproductive loss leave wasn't required under state law. Effective January 1, 2024, however, California employers with five or more employees are required to provide up to five days of leave to eligible employees that experience a reproductive loss event, which includes a miscarriage, stillbirth, failed adoption, failed surrogacy or an unsuccessful assisted reproductive technology procedure (e.g., artificial insemination or an embryo transfer). The leave may be unpaid, but employees may choose to use accrued paid leave available to them during the leave.

While a policy is not required under the statute, including a Reproductive Loss Leave policy in your handbook is highly recommended; as such, the Employee Handbook Creator labels this policy as "suggested."

The Harassment, Discrimination and Retaliation policy was updated to reflect the Fair Employment and Housing Act's (FEHA's) expansion to protect against discrimination on the basis of cannabis/marijuana use off the job and away from the worksite. The law doesn't, however, permit an employee to possess, be impaired by or use cannabis on the job, and it maintains employers' rights and obligations in keeping a drug- and alcohol-free workplace.

The Drug and Alcohol Abuse policy was updated to reflect the FEHA's expansion to protect against discrimination on the basis of cannabis/marijuana use off the job and away from the worksite. The law doesn't, however, permit an employee to possess, be impaired by or use cannabis on the job, and it maintains employers' rights and obligations in keeping a drug- and alcohol-free workplace.

The Paid Time Off (PTO) policy was updated to address California's expansion of the Healthy Workplaces, Healthy Families Act, also known as paid sick leave. Effective January 1, 2024, California law requires employers to provide up to five days or 40 hours of paid sick leave per year, up from three days or 24 hours. The expansion also raises the maximum accrual amount to 10 days or 80 hours.

The Sick Leave policy was updated to address California's expansion of the Healthy Workplaces, Healthy Families Act, also known as paid sick leave. Effective January 1, 2024, California law requires employers to provide up to five days or 40 hours of paid sick leave per year, up from three days or 24 hours. The expansion also raises the maximum accrual amount to 10 days or 80 hours.

All of the Local Paid Sick Leave policies (Berkeley, Emeryville, Los Angeles, Oakland, San Diego, San Francisco and Santa Monica) were updated in response to California's expansion of paid sick leave requirements.

Prior to 2024, local paid sick leave ordinances surpassed the state paid sick leave requirements in all areas. As such, these policies were crafted in an integrated way that was intended to comply with both laws. With California's expansion of paid sick leave in 2024, this is no longer the case. There are now numerous differences between the state and local laws, such as maximum accrual caps, annual use limits and amounts of sick leave that can be front loaded. Due to these differences, the local sick leave policies have been revised to address only the requirements of the local ordinances themselves without integrating state law requirements.

These policies' introductory language has also been revised to inform employees that state and local paid sick leave laws provide largely overlapping sick leave entitlements. When an eligible employee's need for sick leave arises, to the extent that their parameters and requirements align, state sick leave and the applicable local leave will run simultaneously. And where they differ, the employer will provide the more generous benefit of the two.

For employers that prefer to have one integrated sick leave policy that complies with two or more laws, the "About this Policy" pages have all been updated to note where the state law and local laws differ, and which is more beneficial to employees. With California's paid sick leave expansion, integrating state and local leave policies is much more complicated than in the past. It is highly recommended that employers review the laws carefully to ensure they comply with all applicable laws and consult with an experienced employment attorney to review their policy. (As a reminder, CalChamber Enterprise Members receive two hours of discounted legal services with their membership.)

Additionally, as a reminder, On October 26, 2023, we updated several policies in CalChamber's Employee Handbook Creator due to a significant decision recently handed down by the National Labor Relations Board. The list of impacted policies is:

• Off Duty Conduct.
• Workplace Privacy.
• Bulletin Boards.
• Electronic and Social Media.
• Off Duty Use of Facilities.
• Prohibited Personal Use of Company Cell Phone.
• Solicitation and Distribution of Literature.
• Conducting Personal Business.
• Confidential Information.
• Conflicts of Interest.
• News and Media.
• Prohibited Cell Phone Use.
• Prohibited Conduct.

For details about the changes in these policies, visit handbook.calchamber.com and read "Policy Update 10/25/2023." If any of these updates apply to you, we highly recommend that you immediately update your handbooks with these changes.

For more information on how to view policy updates or make policy updates to your handbook, refer to the View/Update a Policy How To from the Employee Handbook Creator's Help menu.

Several policies in Employee Handbook Creator are updated due to a significant decision recently handed down by the National Labor Relations Board (NLRB).

The NLRB adopted a new test to determine if an employer’s handbook rule or policy violates the National Labor Relations Act, under which a facially neutral employer rule will be found presumptively unlawful if it has "a reasonable tendency to chill employees" from exercising their rights under the NLRA. The employer’s intent in maintaining a rule is immaterial. Rather, if an employee could reasonably interpret the rule to have a coercive meaning, the rule is presumptively unlawful, even if a contrary, noncoercive interpretation of the rule is also reasonable. As such, certain employer rules need to be revised to be more specific so it’s clear the rule isn’t infringing on employees' NLRA rights.

Employers can read more about the decision on CalChamber's HRWatchdog blog.

The following is a list of all policy changes made for the new NLRB decision. Select the policy name for a brief description of the change:

• Off Duty Conduct
• Workplace Privacy
• Bulletin Boards
• Electronic and Social Media
• Off Duty Use of Facilities
• Prohibited Personal Use of Company Cell Phone
• Solicitation and Distribution of Literature
• Conducting Personal Business
• Confidential Information
• Conflicts of Interest
• News and Media
• Use of Personal Devices
• Prohibited Conduct
• Prohibited Use of Company Cell Phone

• The Off Duty Conduct policy was entirely removed from the Employee Handbook Creator as it likely runs afoul of the NLRB’s new workplace rules test. The types of off-duty conduct that can be regulated by the employer are very narrow, such as harassment that takes place after hours or the disclosure of trade secrets, which is already addressed in other policies, such as the employer’s harassment and discrimination policy.
• The Workplace Privacy policy was revised to remove the broad restriction on the use of cameras in the workplace and instead articulate narrow restrictions on the use of cameras and videos based on specific business interests and legal obligations.
• The Bulletin Boards policy was revised to make it clear that it is not intended to limit the ability of employees to engage in protected activities under the NLRA.
• The Electronic and Social Media policy was revised to better articulate the company’s interests and legal obligations regarding the rules on use of the company’s electronic devices and infrastructure, including data and record retention requirements, workplace safety, preventing workplace harassment, supporting defense of litigation, productivity, efficiency, and others. Additional language was added to make it clear that the policy is not intended to limit the ability of employees to engage in protected activities under the NLRA. We also made non-substantive language updates to the policy generally and removed the "Employee Owned Devices" option, instead combining with another policy to consolidate some potentially redundant language. The consolidated policy is in the Employee Handbook Creator’s Employee Conduct section and has been renamed "Use of Personal Devices." It is described below.
• The Off Duty Use of Facilities policy was revised to be more specific about the restrictions regarding off duty use of facilities, specifying that it does not include rest and meal break periods and provides an exception when the employer gives express authorization. Additional language was added to make it clear that the policy is not intended to limit the ability of employees to engage in protected activities under the NLRA.
• In the Prohibited Personal Use of Company Cell Phone policy, additional language was added to make it clear that it is not intended to limit the ability of employees to engage in protected activities under the NLRA. We also made non-substantive language updates to the policy generally.
• The Solicitation and Distribution of Literature policy was revised to describe the restrictions more specifically on solicitation and distribution of literature during working time to make it clear the restrictions do not apply to areas such as parking lots, break rooms, lunch areas, etc. It also specifies that working time does not include rest and meal break periods. Additional language was added to make it clear that the policy is not intended to limit the ability of employees to engage in protected activities under the NLRA.
• In the Conducting Personal Business policy, language was added to make it clear that it is not intended to limit the ability of employees to engage in protected activities under the NLRA.
• The Confidential Information policy was revised to be more specific about what types of information constitutes "confidential information" under the policy and what doesn't (e.g., wage information and other terms and conditions of employment). Additional language was added at the end of the policy to make it clear that the policy is not intended to limit the ability of employees to engage in protected activities under the NLRA.
• In the Conflicts of Interest policy, language was added to make it clear that it is not intended to limit the ability of employees to engage in protected activities under the NLRA.
• The News and Media policy was revised to clarify that the policy doesn’t broadly restrict anyone from commenting to the news or media; rather, it only restricts people from commenting to news and media on the company’s behalf or as the company’s representative. Additional language was added to this policy to make it clear that the policy is not intended to limit the ability of employees to engage in protected activities under the NLRA.
• The Prohibited Cell Phone Use policy was renamed to "Use of Personal Devices". It was substantially revised to offer employers two options for a policy restricting the use of personal devices in the workplace: a more restrictive option that provides exceptions for emergencies and NLRA protected activities, and a less restrictive option that allows employees to occasionally use personal devices during working time so long as it doesn’t interfere with the employee’s work performance or violate any other company policy.
  As mentioned under the Electronic and Social Media policy section, the revisions here include consolidation of policy language removed from the Electronic and Social Media policy and added to this policy. The consolidation was made to eliminate potentially redundant policy language on the use of personal devices. Language was also added to this policy to make it clear that it is not intended to limit the ability of employees to engage in protected activities under the NLRA.
• The Prohibited Conduct policy was revised to remove some of the very broad restrictions on employee conduct that might be scrutinized under the Board's new standard. Language was also added to make it clear that the company will not discipline employees under this policy for conduct that relates to the employees' ability to engage in protected activities under the law.
• The Prohibited Use of Company Cell Phone policy was renamed to "Prohibited Use of Company Devices While Driving" to reflect the content of the policy more accurately, which is primarily focused compliance with California’s laws on the use of phones and devices while driving. Additional minor non-substantive language changes were also made.

If any of these updates apply to you, we highly recommend that you immediately update your handbooks with these changes and consult legal counsel with any questions you may have.

For more information on how to view policy updates or make policy updates to your handbook, refer to the Required policy updates from Employee Handbook Creator's Help menu.

The following policy for CalChamber's Employee Handbook Creator has been added.

• NEW - San Francisco Military Leave Pay Protection Act (MLPPA): Added to address this new ordinance, which took effect on February 19, 2023. Under the MLPPA, employers with 100 or more employees globally must provide supplemental compensation for up to 30 days to employees who work in San Francisco and are on leave for military duty. Covered employers must include a written policy in any employee handbook that describes other kinds of leave available. If you are a covered employer, we highly recommend you add this policy at your earliest opportunity.

Additionally, the following policy for CalChamber’s Employee Handbook Creator has been updated.

• Military Leave: Updated to include optional language notifying employees about the MLPPA and directing them to the policy about potential supplemental compensation. If you are a covered employer under the San Francisco MLPPA, we highly recommend that in addition to adding the San Francisco MLPPA policy, you also update your Military Leave policy at your earliest opportunity.

For more information on how to view policy updates or make policy updates to your handbook, refer to the Required policy updates steps of the How-To Guide from the Help menu of the Employee Handbook Creator.

Punctuality and Attendance is corrected to include "rest breaks" as one of the reasons employees are allowed to leave the worksite during scheduled worktime (previously omitted by error).

Revised Policies:

Bereavement Leave. The bereavement leave policy was completely revised to address a new law that requires employers with five or more employees to provide bereavement leave to eligible employees.

Prior to 2023, bereavement leave wasn't required under state law; it was provided at the employer's discretion. Beginning January 1, 2023, however, California employers with five or more employees are required to provide up to five days of bereavement to eligible employees when they experience the death of a spouse, domestic partner, child, parent, parent-in-law, sibling, grandparent or grandchild. The leave may be unpaid, but employees may choose to use accrued paid leave available to them during the leave. The law also allows employers to request documentation to support the leave.

While a policy is not required under the statute, including a Bereavement Leave policy in your handbook is highly recommended; as such, the Employee Handbook Creator labels this policy as "suggested."

California Family Rights Act. This policy was revised to address the expansion of the California Family Rights Act (CFRA). More specifically, in addition to the existing family members for whom employees can take CFRA leave, the expansion law allows eligible employees to take CFRA leave to care for a designated person" with a serious health condition. A "designated person" is someone with whom the employee has a blood or family-like relationship. The employee may identify the individual at the time they request leave, and employers may limit an employee to one designated person per 12-month period for purposes of CFRA leave.

Paid Sick Leave/Paid Time Off. These policies were revised to address the expansion of California's paid sick leave law, the Healthy Workplace Healthy Family Act. In addition to the existing family members employees can take sick leave to care for, the expansion allows an employee to take paid sick leave to care for a "designated person," who is any person identified by the employee at the time the employee requests paid sick leave. That means employees may take paid sick leave to care for individuals outside of their family. Employers may limit an employee to one designated person per 12-month period for purposes of paid sick leave.

Harassment, Discrimination and Retaliation. This policy was updated to address the Fair Employment and Housing Act's expansion to now protect against discrimination on the basis of "reproductive health decisionmaking," which includes, but is not limited to, a decision to use or access a particular drug, device, product or medical service for reproductive health.

Prohibited Cell Phone. This policy was revised to account for a new law that, in the event of an "emergency condition," as defined, prohibits employers from preventing any employee from accessing the employee's mobile device or other communications device for seeking emergency assistance, assessing the safety of the situation, or communicating with a person to verify their safety.

For more information on any of the above policies, refer to each policy's About this Policy tab.

COVID-19 Policies and Issues. As we've seen since 2020, the issues and rules surrounding COVID-19 have been in a state of constant flux. Fortunately, California has been steadily moving forward in its return to normalcy, and it appears that trend will continue in 2023, as evidenced by Governor Gavin Newsom's announcement that California's COVID-19 State of Emergency would come to an end on February 28, 2023.

In accordance with the trend, you will see some changes in the Employee Handbook Creator with respect to COVID-19. Notably, the 2022 COVID-19 Supplemental Paid Sick Leave policy has been removed because the leave expired at the end of 2022 and was not extended into 2023.

Additionally, local sick leave ordinance polices for Emeryville, San Diego and San Francisco have been updated to reflect the current state of applicable COVID-19 guidance. Employers can review these policies in the About this Policy tab for more details.

If any of these updates apply to you, we highly recommend that you immediately update your handbooks with these changes.

For more information on how to view policy updates or make policy updates to your handbook, refer to the Required policy updates steps of the How-To Guide from the Help menu of the Employee Handbook Creator.

Revised - 2022 COVID-19 Supplemental Paid Sick Leave. This policy was revised to address the extension of the 2022 COVID-19 Supplemental Paid Sick Leave requirements, the law that requires all employers with more than 25 employees to provide supplemental paid sick leave to employees for COVID-19-related qualifying reasons.

The 2022 COVID-19 Supplemental Paid Sick Leave was originally scheduled to expire on September 30, 2022, but on September 29, 2022, Governor Gavin Newsom signed Assembly Bill 152, extending the leave through December 31, 2022.

Importantly, AB 152 does not grant additional leave or otherwise create a new leave entitlement beyond what was created earlier this year under SB 114. Rather, it simply pushes back the sunset date for the 2022 COVID-19 Supplemental Paid Sick Leave to December 31, 2022, extending the time period in which employees can use their existing leave through the end of the year. If an employee has already used their 2022 COVID-19 Supplemental Paid Sick Leave earlier in the year, they are not entitled to additional leave under AB 152.

While a policy is not required under the statute, including a 2022 COVID-19 Supplemental Paid Sick Leave policy in your handbook is highly recommended; as such, the Employee Handbook Creator® labels this policy as "mandatory." When creating a new handbook, this policy will now be automatically inserted if you have more than 25 employees.

If this update applies to you, we highly recommend that you immediately update your handbooks with this change.

For more information on how to view policy updates or make policy updates to your handbook, refer to the Required policy updates steps of the How-To Guide from the Help menu of the Employee Handbook Creator.

NEW - 2022 COVID-19 Supplemental Paid Sick Leave. This policy was added to address SB 114's 2022 COVID-19 Supplemental Paid Sick Leave requirements, which apply to all employers with more than 25 employees. The new law requires covered employers to provide supplemental paid sick leave to employees for COVID-19-related qualifying reasons. This is a new leave entitlement, unaffected by any leave taken under the 2021 COVID-19 Supplemental Paid Sick Leave law (SB 95). It is also provided in addition to leave provided under the Healthy Workplaces, Healthy Families Act.

While a policy is not required under the statute, including a 2022 COVID-19 Supplemental Paid Sick Leave policy in your handbook is highly recommended; as such, the Employee Handbook Creator® labels this policy as "mandatory."

This newest iteration of the 2022 COVID-19 Supplemental Paid Sick Leave is similar to 2021’s leave under SB 95; however, there are important differences between the two, so covered employers must use the new 2022 policy, not the old 2021 policy.

If this update applies to you, we highly recommend that you immediately update your handbooks with this change.

For more information on how to view policy updates or make policy updates to your handbook, refer to the Required policy updates steps of the How-To Guide from the Help menu of the Employee Handbook Creator.

The following policicies for CalChamber's Employee Handbook Creator has been updated.

• Confidential Information (revised to address SB 331, which prohibits employers from requiring employees to sign an agreement or other document that restricts the employee’s ability to disclose information about unlawful acts in the workplace and requires particular language to be included in confidentiality provisions. This policy includes statutorily required language that advises employees they aren’t prevented from discussing or disclosing information about unlawful acts in the workplace such as harassment or discrimination or any other conduct that they have reason to believe is unlawful.)

If you include this policy in your handbook, we highly recommend that you update your handbooks with these changes at your earliest opportunity.

Additionally, non-substantive updates were made to the following policy for ease of administration:

• Holidays (revised to remove the calendar year and eliminate the need for annual revision. Employers may still choose to insert reference to the calendar year if they wish to do so).

For more information on how to view policy updates or make policy updates to your handbook, refer to the Required policy updates steps of the How-To Guide from the Help menu of the Employee Handbook Creator.