Paid sick leave and the California Sick Leave Law has presented a challenge for many smaller business owners. Do you know if you're in compliance?
It has been in effect since July 1, 2015. California's so-called Paid Sick Leave law (AB 1522), also known as the Healthy Workplace, Healthy Family Act of 2014. As an employer in California you will have already implemented all the required processes and posted notices, issued forms, and verified compliance with the law.
At least, you should have by now.
Unfortunately, far too many employers are still working through their old sick leave policies and struggling to establish full compliance with the mandates of AB 1522.
Required Information You Must Provide Your Employees
Since January 1, 2015, employers have been required to post - in a conspicuous place at the workplace - a poster containing the following information:
- That an employee is entitled to accrue, request, and use paid sick days
- That retaliation or discrimination against an employee who requests paid sick days or uses paid sick days or both is prohibited
- That an employee has the right under this law to file a complaint with the Labor Commissioner against an employer who retaliates or discriminates against an employee.
In addition, employers are required to provide most employees with an individualized Notice to Employee that includes paid sick leave information.
You can find more information on the FAQ page of the State of California's Department of Industrial Relations website.
The Law Applies to Most Every Business and Employer
According to an article from CalChamber Advocacy,
Even though the paid sick leave law received a lot of press, some businesses still seem surprised about the new law, perhaps thinking it does not apply to them.
Unlike other leave laws, such as the California Family Rights Act (CFRA) or federal Family and Medical Leave Act (FMLA), there is no size requirement before the PSL law applies to a company. The law applies to all employers, big and small.
Moreover, PSL must be provided to all types of employees: part-time, hourly, temporary, seasonal, exempt and nonexempt. Any employee who has worked in California for the same employer for 30 or more days within one year from the beginning of his/her employment will be entitled to PSL.
Even the most diligent employers and organizations can be tripped up by the requirements of the law. Here is a graphic, courtesy of CalChamber, that illustrates some of the highlights of the Paid Sick Leave law:
Be Informed and Be in Compliance
Establishing an updated and streamlined paid sick leave strategy will help your organization meet its obligations, while providing accuracy and timeliness. So take time to understand the law, automate sick leave tracking and calculations, and prioritize accurate record keeping. In this way, you will make compliance a sure thing.
Another key step in maintaining HR compliance and increasing your company's cost-effectiveness is to consider outsourcing. A professional agency such a Accuchex can provide much-needed help with Human Resources needs and questions. Accuchex is a full spectrum Payroll Management Services provider offering expertise in Time Management, Insurance and Retirement issues, as well.
If you are looking for reliable resource for your HR issues, we can help. And you can get your Free Download: California Paid Sick Leave Law to help you make an informed decision, or call Accuchex Payroll Management Services at 877-422-2824.