New Sick Leave Poster Required by January 1, 2015

The California Labor Commissioner has posted a template  pursuant to the new sick leave law, the Healthy Workplaces, Healthy Family Act of 2014. As explained in our , the new law applies to employees who work at least 30 hours per calendar year and are not provided with sick leave under a collective bargaining agreement.  A poster describing the sick leave rights is required under amended Labor Code section 247.

Starting January 1, 2015 employers must post information about the new sick leave rights in a conspicuous place. (Labor Code § 247(a).) Accrual of sick leave need not commence until July 1, 2015, according to the model poster created by the Labor Commissioner.

The Labor Commissioner also updated its Wage Theft Prevention Act, or Labor Code section 2810.5, notice. The new template form devotes a half page to explaining employee rights under the new sick leave law.  However, section 2810.5 does not apply to “political subdivisions” of the State of California, such as school districts and community college districts. (Labor Code § 2810.5(c)(1).)

The template form also contains four check boxes, of which employers must check one, indicating the level of paid sick leave provided to employees, or that the employer is exempt pursuant to Labor Code section 245.5(a). The template form does not account for an effective date, and the listed choices do not capture the myriad of approaches employers may take to comply with the law through the provision of sick leave or other paid time off.  Employers are free to add content to the template.

Because the majority of school and community college district employees are not affected by the new sick leave provisions, use of the Labor Commissioner’s template poster may cause confusion.  We recommend using a poster tailored to public educational employers to avoid misunderstandings and unnecessary inquiries from ineligible employees.  Our office can assist with creating a poster that complies with the requirements for these public employers.

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