The California Healthy Workplaces, Healthy Families 法案 of 2014 (“Healthy Families 法案”) is fully effective 2015年7月1日, including the significant potential for class-action liability for non-compliance. It is critical that employers ensure that their sick leave policy is current, given the ever-developing legal guidance. We have created a helpful list of common areas of confusion with this new law.
(1) General 背景 上 the Healthy Families 法案
The Healthy Families 法案 provides sick leave for absences from work for: (1) the diagnosis, care, or treatment (including preventive treatment) of an existing health condition of the employee or the employee’s family member, 和 (2) the employee being the victim of domestic violence, sexual assault, or stalking. Family member is expansively defined to include children, parents, foster parents, legal guardians, siblings, grandparents, grandchildren, spouses, 和 domestic partners.
The law requires employers to include information regarding accrual 和 use of sick leave with their employees’ wage statements. Further, employers must preserve these sick leave records for three years. Moreover, relevant posters 和 individual notices should have been posted 和 delivered as of January 1, 2015. New hires must also receive pertinent individual notices explaining their rights 联合国der the Healthy Families 法案.
The Healthy Families 法案 limits employers to requiring 只要 “reasonable advance notification” of employee use of sick leave. Where 联合国foreseeable, an employer may 只要 require notice when “practicable.”