Date: Dec 02, 2014
Category:
California Employment Poster and Notice Update

The California Labor Commissioner has issued a new poster template for employers pursuant to the Healthy Workplaces/Healthy Families Act of 2014 (“AB 1522” or the “Paid Sick Leave” law), which all California employers are required to prominently display in the workplace.  Employers that have more generous sick leave polices than required under AB 1522 and employers that provide a “lump sum grant” of leave rather than using the accrual method may consider fashioning their own poster, which is permitted so long as the employer’s poster contains the information specified in new law. 

In addition, the Labor Commissioner has issued a revised Labor Code section 2810.5 Notice to Employee that now contains information on the Paid Sick Leave law and requires employers to designate how they comply with the Paid Sick Leave law or why they are exempt. 

Although sick-pay accrual and an employee’s entitlement to use paid sick leave does not begin until July 1, 2015, at the earliest, the new AB 1522 poster and Notice to Employee (or employer’s own compliant version) must be displayed by January 1, 2015.  A willful violation of this requirement can result in a civil penalty of up to $100 per offense.  Also, employers should begin planning to implement a compliant paid sick leave policy if they don’t have one, or if they currently offer sick leave, ensure that it meets the requirements for maintaining your existing policy.

Finally, employers must keep records for at least three years pertaining to paid sick leave, such as worked hours, accrual, and utilization of paid sick leave. Failure to maintain compliant records will result in a presumption that an employee accrued the maximum number of hours, unless the employer proves by clear and convincing evidence that the employee accrued a lower number of hours.

WG Staff Contact

Jason Resnick
Vice President & General Counsel
949-885-2253

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