The New Year is the perfect time to take a look at your employee handbook and ensure your manual is up to date with the new laws and practices in the State of California. If you have not had your handbook reviewed by your Regional Director in the past two years or if you do not have a handbook, put it on your list of resolutions for 2008. As we say at CEA, an up-to-date and comprehensive employee handbook is an employers' sword and shield – it protects and defends your company.

Below is a summary of the changes to the 2008 CEA Sample Handbook. The first item is a new law that was passed last month that employers must follow for all military leaves. The additional items are updates to bring you in to compliance with California practices. If you have any questions on the changes, please contact your Regional Director. And keep reading our weekly updates for any additional changes to labor law that should be incorporated into your handbook!

 

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NEW LAW – Ensure that you add this language to your current Military Leave policy

CEA Sample Employee Handbook Section 3.8 – Military Leave

Military Spousal Leave

You may take up to ten (10) days of unpaid leave when your spouse is on leave from deployment during a period of military conflict. To qualify for this leave:

Your spouse must be a member of the Armed Forces who has been deployed during a period of military conflict to an area designated as a combat theater or combat zone by the President of the United States, or a member of the National Guard or Reserves who has been ordered to active duty and deployed during a period of military conflict
You must be employed for an average of twenty (20) or more hours per week
You must provide us with notice of your intent to take this leave within two (2) business days of receiving official notice that your spouse will be on leave from deployment
You must submit written documentation certifying your spouse will be on leave from deployment during the requested leave time.

 

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OTHER UPDATES TO THE NEW 2008 CEA Sample Employee Handbook

 

CEA Sample Employee Handbook Section 1.14 - Employment of Relatives

Added "registered domestic partner" to list of relatives for potential conflict of interest

CEA Sample Employee Handbook Section 3.3 – Sick Leave - Kin Care

Added – "Employees may use up to one-half of their yearly sick leave accrual to attend to a child, parent, spouse, registered domestic partner, or registered domestic partner's child who is ill.

Leave for this purpose may not be taken until it has actually accrued."

CEA Sample Employee Handbook Section - 3.15 Bereavement/Funeral Leave

Added – "registered domestic partner" to list of potential covered family members

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We have also updated the Acknowledgement Form.
We would advise you to use this new language for all new hires and future handbook editions:

ACKNOWLEDGMENT OF RECEIPT OF HANDBOOK

I understand that state law requires that I take a meal period of no less than 30 minutes whenever I exceed five hours in a work day. The meal period must begin before I exceed five hours of work.
Unless I qualify for an exception and sign a waiver of my right to a meal period that is also signed by an authorized superior, I understand it is my obligation under the law and my employer's policies to take
a meal period of at least 30 minutes within the time identified above.

I also understand that I am entitled to a rest period at the rate of 10 minutes net rest for
every four hours of work or major portion of four hours. I further understand that the rest
period should be taken as close to the middle of each work period as possible and that no
supervisor may ask or require me to give up my rest period.

I understand that my employer is committed to fulfilling its obligations under the Americans
With Disabilities Act and any applicable state or other laws prohibiting discrimination against
qualified individuals with disabilities. As part of this commitment, I understand that my employer
wishes to make reasonable accommodations for individuals with known physical or mental
disabilities, consistent with its legal obligations to do so. My employer also invites all individuals
with disabilities to participate in a good faith, interactive process and identify reasonable
accommodations that can be made without imposing an undue hardship.

I understand my employer's desire to participate in an interactive process and make reasonable accommodations in order to comply with any applicable legal requirements. I agree to provide the
Director of Human Resources any information necessary to achieve this goal if I wish to receive accommodations now or in the future as a result of a physical or mental disability.

I also acknowledge that this Employee Handbook supersedes and replaces any other employee handbook or similar document that may have been previously distributed by the Company. I further acknowledge that my employment with the Company is at-will and is not for a specified period of time and can be terminated at any time for any or no reason, with or without cause or notice, by me or by the Company.

By my signature below, I acknowledge that I have received a copy of this Employee Handbook. I also acknowledge that I have read and understand the contents of the Employee Handbook, and I (check one)
do ____ do not ____ want to discuss the handbook or any particular policies, benefits or
procedures described in it with my Supervisor or another Company official.

Employee signature_________________________________ Date ______________