California’s Labor Commissioner Issues New FAQs on Paid Sick Leave and Notice to Employees Requirement

12.14.2023

With California’s new paid sick leave requirements going into effect on January 1, 2024 pursuant to SB 616, California’s Department of Industrial Relations (“DIR”) has updated its California Paid Sick Leave: Frequently Asked Questions webpage to address and interpret the upcoming requirements.

Among the most critical information shared by the DIR is that the State’s Labor Commissioner has updated both the California paid sick leave poster and the Notice to Employee form (required by Labor Code Section 2810.5). The DIR advises that all employers should ensure that the new poster is posted in a conspicuous place. Further, any employers that previously provided less than 5 days or 40 hours of paid sick leave per year must provide their non-exempt employees with a new copy of the Notice reflecting their compliance with the increased sick leave requirements as of January 1, 2024.

In addition, the DIR’s paid sick leave FAQs endeavor to answer questions employers may have as they prepare to implement SB 616’s increased sick leave requirements, including how to transition an annual sick leave use limit of 3 days or 24 hours to the new 5 day or 40 hour use limit (FAQ No. 15) and how to transition a 3 day or 24 hour frontload to the new 5 day or 40 hour frontload (FAQ No. 16), if the employer uses a benefit year other than the calendar year (i.e., the benefit year does not start on January 1^st).

As always, please don't hesitate to contact the author of this Alert or your usual AALRR attorney with any questions.