Most California businesses are aware of the new law for businesses with operations in California passed Sept. 10, 2014. At that time Gov. Jerry Brown announced that California employers will now be required to give part-time and full-time workers at least three days of paid sick leave per year, starting in July 2015.
As the July 1 deadline approaches employers need to be prepared for meeting the obligation of the benefits under the new, mandatory, paid sick leave law titled The Healthy Workplaces, Healthy Families Act of 2014.
Employers need to be prepared for administering the new law. For example employers are required
- To post a paid sick leave poster that advises all employees of sick leave rights and is in a conspicuous location. Willful failure to post can result in a penalty of one hundred dollars ($100) for each offense.
- Provide written notice of the paid sick leave to all new hires from January 15, 2015 and existing employees, covering the following points of information:.
- Understand that an employee may accrue and use paid sick leave and may not be terminated or retaliated against for using or requesting the use of paid sick leave and has the right to file a complaint against an employer who retaliates.
Payday Notices have to be updated with each payday notice presented providing the amount of paid sick leave available to the employee
There is a lot more information available in the internet. One resource is the Q and A at http://www.dir.ca.gov/DLSE/Paid_Sick_Leave.htm
If there is an existing paid sick leave policy in place and it is modified prior to the July 1 operative date an employee notice regarding the change must be provided within seven days of the effective date of the company’s policy change
It is recommended that any separately written documents that will be included with the payment of wages should be reviewed with a labor law attorney.
Recordkeeping; Retention of records that document paid sick leave activity is required for at least three years including;
- Number of hours that the employee worked
- Paid sick days accrued by an employee
- Paid sick days used by an employee.
Failure to maintain adequate records establishes a presumption that the employee is entitled to the maximum number of hours accruable. Briefly stated ‘‘ persons employed in California for 30 or more days in a year earn one hour of paid sick leave for every 30 hours worked’.
Author: Robin Noah, Executive Coaches of Orange County, www.ECofOC.org