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 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. All employers must post the new poster. 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.
