The California Healthy Workplaces, Healthy Families Act of 2014 (“Healthy Families Act”) is fully effective July 1, 2015, 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 Background on the Healthy Families Act

The Healthy Families Act 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, and (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, and domestic partners.

The law requires employers to include information regarding accrual and use of sick leave with their employees’ wage statements. Further, employers must preserve these sick leave records for three years. Moreover, relevant posters and individual notices should have been posted and delivered as of January 1, 2015. New hires must also receive pertinent individual notices explaining their rights under the Healthy Families Act.

(2) Employees Must Provide “Reasonable” Notice.

The Healthy Families Act limits employers to requiring only “reasonable advance notification” of employee use of sick leave. Where unforeseeable, an employer may only require notice when “practicable.”Continue Reading California Sick Leave To Go into Effect July 1 – Be Aware of These Common Traps

Most employers recognise the need to treat employees who are on long-term sick leave fairly and with compassion. But this has to be balanced with the needs of the business, and sometimes it becomes clear that unfortunately an employee will never be able come back to work, and the employment relationship simply has to be brought to an end.

What can (and should) employers do in this situation? Does the recent case of Warner v Armfield Retail & Leisure Ltd change how an employer should react?  Here are some important steps that employers should take to minimise the risk of claims. Continue Reading Faced with an employee unlikely to ever return to work? What can you do?

Since 2011, the Government has been considering proposals to amend the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”). Following an initial call for evidence and subsequent consultation, the Government yesterday confirmed the amendments it intends to make to TUPE.Continue Reading It’s not quite “all change” for TUPE – service provision change provisions will not be repealed after all