Mandated Reporting of Child Abuse and Required Training

On September 29, 2020, California Governor Gavin Newsom signed legislation (AB 1963) adding both of the following to the list of individuals who are mandated reporters:

• A human resource employee of a business with five or more employees that employs minors; and
• An adult person whose duties require direct contact with and supervision of minors in their job performance. These individuals are mandated reporters of sexual abuse; however, their duty to report known or suspected child abuse or neglect when they are acting in some other capacity (that would otherwise make them a mandated reporter) remains unmodified and unlimited by this requirement.

Mandated reporters are required to report any known or suspected instances of child abuse or neglect to the county child welfare department or to a local law enforcement agency. Employers are required to provide these mandated reports with training in their related duties and responsibilities and it must include:

• Training in child abuse and neglect identification, and
• Training in child abuse and neglect reporting.

The training requirement may be met by completing the general online training for mandated reporters from the Office of Child Abuse Prevention in the State Department of Social Services.

The law is effective January 1, 2021.

Employee Sick Leave and Kin Care

On September 28, 2020, California Governor Gavin Newsom signed legislation (AB 2017) revising the state’s kin care law by clarifying that an employee may choose, at their sole discretion, to use their accrued and available sick leave to attend to, or provide preventive care for, a family member’s illness. Employers are prohibited from denying an employee the right to use their sick leave for this purpose or discriminating against an employee for such use.

The law is effective January 1, 2021.

Leave for Victims of Crime or Abuse Amended

On September 28, 2020, California Governor Gavin Newsom signed legislation (AB 2992) modifying the state’s leave for victims of crime or abuse laws by:

• Adding new definitions of crime, immediate family member, and victim.
• Adding documents permitted for employee certification.
• Permitting time off to obtain mental health services or assistance from a victim services organization when an employee is a victim of crime or abuse.

The law is effective January 1, 2021.

Entertainment Industry, Sexual Harassment Training, and Minors

On September 25, 2020, California Governor Gavin Newsom signed legislation (AB 3175) requiring the parent or legal guardian (parent) of an age-eligible minor, between ages 14 to 17, to complete the following before an entertainment work permit can be issued to the minor:

• Ensure that the minor completes training in sexual harassment prevention, retaliation, and reporting resources, which is available on the Department of Fair Employment and Housing’s website. The parent must accompany the minor during the training.
• Certify to the Labor Commissioner that the training was completed.

Training for each age-eligible minor and their parent must be in the language they understand, whenever reasonably possible.

The law took effect on September 25, 2020.