California Employers Must Update Paid Sick Leave Posters
California’s paid sick leave law continues to evolve, and employers need to take note of the latest legislative changes and updated workplace posting requirements. Recent amendments enacted through Assembly Bill 406 and Assembly Bill 2499 clarify and expand the circumstances under which employees may use paid sick leave. To reflect these changes, the California Labor Commissioner’s Office has published updated paid sick leave posters and guidance materials in multiple languages. Employers should update their workplace postings and distribution methods to remain in compliance.
Under California’s Healthy Workplaces, Healthy Families Act of 2014, employees accrue and use paid sick leave for their own health needs or those of covered family members. AB 406 and AB 2499 now expressly confirm that paid sick leave may also be used for jury duty, to appear in court as a witness under subpoena or other court order, and in specific situations when the employee or a family member is a victim of a crime. These amendments eliminate uncertainty about whether such absences qualify as protected paid sick leave and align the Labor Code with longstanding interpretation by courts and enforcement agencies. The expanded purposes are reflected in the updated poster language and FAQs issued by the Labor Commissioner’s Office.
To help employers meet posting requirements, the California Labor Commissioner’s Office has updated its official Paid Sick Leave poster in several languages. Employers are required to display this poster in a conspicuous location at the workplace where employees can easily see it. For employees who work remotely, the updated poster must be distributed electronically in a manner the employer normally uses to communicate employment-related information. The most recent versions of the poster and the related FAQs can be accessed here:
Updated Paid Sick Leave Posters (Labor Commissioner’s Office)
In addition to the posters, the Labor Commissioner’s Office has published updated Paid Sick Leave FAQs that explain accrual, permitted uses, documentation requirements, anti-retaliation protections, and how the new clarified uses apply in practice. Employers should review these FAQs to ensure their policies and practices align with current law.
Employers should take several steps to ensure compliance. First, replace any outdated paid sick leave posters in all workplaces and, for remote employees, ensure electronic distribution in the language normally used for employment communications. Second, review existing paid sick leave policies, handbooks, and payroll practices to confirm they accommodate the expanded uses under AB 406 and AB 2499, including jury duty and witness appearances. Third, train supervisors and HR staff so they understand that paid sick leave may not be denied for these clarified purposes and that any adverse action related to paid sick leave use may constitute retaliation under the Labor Code.
Failing to post the most current mandatory workplace notices or improperly denying paid sick leave can expose employers to enforcement actions and civil penalties by the Labor Commissioner. It can also increase exposure to individual wage-and-hour claims or retaliation claims under California law.
If you have questions about the updated Paid Sick Leave posters, need help updating your policies to reflect AB 406 and AB 2499, or want guidance on broader California wage-and-hour compliance, experienced employment counsel can help you implement legally sound practices tailored to your workforce.