California’s New Sick Leave Law: New Posting & Notice Requirements Effective January 1
Employment Defense Attorney
by Nicole Kamm
818.907.3235
Big changes await employers in 2015, but even before the New Year begins, employers should add this item to their lists:
Download the new Division of Labor Standards Enforcement (DLSE) poster regarding California’s new sick leave law and Notice to Employee (links below), which now includes required information about paid sick leave.
The new poster notifies employees of their rights under Assembly Bill 1522, or the Healthy Workplaces, Healthy Families Act of 2014 – which obligates employers to provide most California employees at least one hour of paid sick leave for every 30 hours of work, or no less than 24 hours (three days) per year.
Employers must display the poster in a conspicuous location, i.e. in the break room, near the time clock, etc. Employers may use the template poster or create their own, however self-made posters should make sure to comply with the requirements of the new Labor Code §247.
While an employee’s entitlement to paid sick leave does not go into effect until July 1, 2015, according to the DLSE website, the posting requirement is effective January 1, 2015. Click here to download the new DLSE Paid Sick Leave Poster.
The DLSE also issued a revised “Notice to Employee,” which must be given to all non-exempt employees. As required by the amended Labor Code §2810.5, the notice must include information regarding how sick time is accrued and state that an employer may not retaliate against or terminate an employee for using paid sick leave.
In addition to the previous required information such as name, address, pay, etc., the employer will now need to choose one of four options on page two of the form, indicating:
□ Accrues paid sick leave only pursuant to the minimum requirements stated in Labor Code §245 et seq. with no other employer policy providing additional or different terms for accrual and use of paid sick leave.
□ Accrues paid sick leave pursuant to the employer’s policy which satisfies or exceeds the accrual, carryover, and use requirements of Labor Code §246.
□ Employer provides no less than 24 hours (or 3 days) of paid sick leave at the beginning of each 12-month period.
□ The employee is exempt from paid sick leave protection by Labor Code §245.5. (State exemption and specific subsection for exemption):______________.
As with the poster, the revised Notice to Employee must be used for all new hires starting January 1, 2015. Employers who already provide paid sick time will need to review their policies to ensure compliance with the new law.
Nicole Kamm is an attorney in our Employment Practice Group. Call her direct line: 818.907.3235, or email: nkamm@lewitthackman.com for more information.