2 | 2023 Cal-Peculiarities ©2023 Seyfarth Shaw LLP www.seyfarth.com imposes family-leave obligations not only on larger employers (those with at least 50 employees), but also on smaller employers (those with at least five employees), and defines family very broadly and has no geographical limitations or any carve-outs for key employees (see § 2.3), enables employees to claim state-paid family leave benefits, for up to eight weeks (see § 2.4), allows employees who are victims of certain crimes and of domestic violence, sexual assault, or stalking to take time off to attend to issues in court (see §§ 2.6, 2.7), permits employees who accrue paid sick leave to use up to one-half their annual entitlement for “kin care” (to attend sick relatives) (see § 2.10), treats paid time off as the equivalent of sick leave (for purposes of “kin care”) if the paid time off can be used for any purpose (see § 2.10), creates a right to unpaid leave of up to ten days for employees married to military personnel who themselves are on leave from a military conflict (see § 2.12), entitles employees to accrue up to 24 hours or three days of annual paid sick leave, which can accumulate up to 48 hours or six days (see § 2.14), and creates a right to paid leave for organ or bone marrow donation (see § 2.15). Employee Privacy—Protected Activities and Confidential Information The California Constitution uniquely creates a right to privacy that governs private as well as public employers. The California Consumer Privacy Act of 2018 (CCPA) (as amended by the California Privacy Rights Act (CPRA)) imposes significant compliance obligations with respect to California resident employees and others, including a requirement to notice and disclose practices relating to personal information and a requirement to facilitate the exercise of certain rights of control employees have over the use of their personal information. California also has statutes that prohibit employer intrusions into, or interference with, various forms of employee personal conduct. Specifically, California forbids employers to discriminate against employees or applicants for lawful off-premises, off-duty conduct (see § 3.1), entitles employees to designate attorneys to negotiate on their behalf with employers regarding conditions of employment (see § 3.4), forbids employers to inquire about certain marijuana-related convictions, or about participation in pre- or post-trial diversion programs, or about convictions that have been judicially dismissed or ordered sealed (see § 4.2), forbids unconsented tape-recording of confidential communications (see § 4.6), forbids audio and videotaping of restrooms, locker rooms, and changing rooms (see § 4.6),
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