The Division of Labor Standards Enforcement (DLSE) published a new poster employers are required to post regarding California’s new sick leave law. Under the new law (Labor Code Section 247) employers are required to display a poster in a conspicuous place requiring certain information about the new rights of employees to receive paid sick leave. The new law added Labor Code Sections 245 to 249 providing California employees with up to three days of paid sick leave beginning July 1, 2015. For more information about the sick leave law and employers’ obligations, a prior post can be read here.
The DLSE also published the revised Notice to Employee which now lists information required about employee’s paid sick leave. The new law amended Labor Code Section 2810.5 to require the Notice to Employee, a form required for all California nonexempt employees, to include information about the employee’s right to paid sick leave. This new Notice to Employee adds the following language under the heading of “Paid Sick Leave”:
Unless exempt, the employee identified on this notice is entitled to minimum requirements for paid sick leave under state law which provides that an employee:
a. May accrue paid sick leave and may request and use up to 3 days or 24 hours of accrued paid sick leave per year;
b. May not be terminated or retaliated against for using or requesting the use of accrued paid sick leave; and
c. Has the right to file a complaint against an employer who retaliates or discriminates against an employee for
1. requesting or using accrued sick days;
2. attempting to exercise the right to use accrued paid sick days;
3. filing a complaint or alleging a violation of Article 1.5 section 245 et seq. of the California Labor Code;
4. cooperating in an investigation or prosecution of an alleged violation of this Article or opposing any policy or practice or act that is prohibited by Article 1.5 section 245 et seq. of the California Labor Code.
The following applies to the employee identified on this notice: (Check one box)
□ 1. 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.
□ 2. Accrues paid sick leave pursuant to the employer’s policy which satisfies or exceeds the accrual, carryover, and
use requirements of Labor Code §246.
□ 3. Employer provides no less than 24 hours (or 3 days) of paid sick leave at the beginning of each 12-month period.
□ 4. The employee is exempt from paid sick leave protection by Labor Code §245.5. (State exemption and specific subsection for exemption):____________________________
Even though the requirement for employers to provide paid sick leave does not start until July 1, 2015, the revised Notice to Employee and the poster must be used by employers starting January 1, 2015. Therefore, the old Notice to Employee published by the DLSE will be effective until the end of 2014.
View the full DLSE required poster below:
View the full DLSE revised Notice to Employee required under Labor Code Section 2810.5 below: