(a) The department shall create a small employer family leave mediation pilot program for employers with between 5 and 19 employees. Under the pilot program, such an employer may, within 30 days of receipt of a right-to-sue notice alleging a violation of Section 12945.2, or the employee may, within 30 days of obtaining a right-to-sue notice alleging a violation of Section 12945.2, request all parties to participate in the department’s dispute resolution division. The right-to-sue notice shall include or be accompanied by a written statement describing the parties’ right to participate in the mediation pilot program, including information on the timeframe to request mediation. If the employer or employee requests mediation in compliance with this subdivision, the employee shall not pursue any civil action under this section until the mediation is complete. The department shall initiate the mediation promptly following the request. The employee’s statute of limitations, including for all related claims not under this section, shall be tolled upon receipt of a request to participate in the department’s dispute resolution division under this subdivision until the mediation is complete. For purposes of this subdivision, a mediation is complete when, at any time after the employer or employee’s request, the department notifies the parties that it believes further mediation would be fruitless.
(b) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
(Added by Stats. 2020, Ch. 45, Sec. 1. (AB 1867) Effective September 9, 2020. Conditionally operative January 1, 2021, as prescribed by Stats. 2020, Ch. 45, Sec. 9. Repealed as of January 1, 2024, by its own provisions.)