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Legal Update: California Updates Paid Sick Leave FAQs and Employee Notices

In advance of changes to the state paid sick leave requirement taking effect Jan. 1, 2024, the California Division of Labor Standards Enforcement (DLSE) has updated its answers to frequently asked questions (FAQs) about paid sick leave, as well as the paid sick leave poster and employee notice.


Upcoming Changes to Paid Sick Leave

Senate Bill 616, enacted Oct. 4, 2023, expanded the paid sick leave requirement in the California Healthy Workplaces, Healthy Families Act to to 40 hours (five days) per year, up from 24 hours (three days), effective Jan. 1, 2024. Alternate accrual methods, use caps and total accrual limits were also affected by the law.


FAQ Updates

On Dec. 12, 2023, the DLSE updated the paid sick leave FAQs on its website. The FAQs include new guidance on the following topics, among others:


  • How employers with non-calendar-year plans transition to the new leave amounts under both accrual and front-loading methods;

  • That employers must provide the greater of five days or 40 hours of leave;

  • Whether an employer may require documentation that leave has been used for a permitted reason; and

  • How the paid leave requirement applies to collectively bargained employees.


New Poster and Employee Notice

In addition to the new FAQs, the DLSE also updated the paid sick leave poster and employee notice. . An employer previously providing less than five days or 40 hours of paid sick leave per year will need to provide employees with a new copy of the notice.


Important Dates

Oct. 4, 2023

California amended the Healthy Workplaces, Healthy Families Act, expanding the state’s paid sick leave requirement.


Dec. 12, 2023

The DLSE updated its FAQs about the law to address the amendments.


Jan. 1, 2024

The amendments expanding the leave requirement take effect.


Employers may ask for leave certification only in limited circumstances.


Provided to you by De La Torre & Associates Insurance Services, Inc.


This Legal Update is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. © 2023 Zywave, Inc. All rights reserved.




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