278 | 2023 Cal-Peculiarities ©2023 Seyfarth Shaw LLP www.seyfarth.com LC § Description Penalty 233 Kin Care Leave. Employers who have a sick leave policy must permit employees to use one-half of annual sick leave accrual to attend to employees’ sick children, parents, spouses, domestic partners, sick children of domestic partners, grandparents, grandchildren, and siblings. LC 2699 246 Paid Sick Days. California employees are entitled to paid sick days for prescribed purposes, accrued at a rate of no less than one hour for every 30 hours worked. Employees can use accrued sick days beginning on the 90th day of employment. Employers may limit use of paid sick days to 24 hours or three days per year. Employers must comply with notice, posting, and recordkeeping requirements. Exemptions: Employees whose employment is governed by a CBA that provides for the payment of wages, hours of work, working conditions, and premium overtime (with a regular hourly rate of not less than 1.3 times the minimum wage), paid sick or similar leave, and final and binding arbitration of disputes regarding the paid sick days provision. Also exempt are construction employees covered by CBAs with specific provisions, in-home supportive service providers, and certain air carrier and flight personnel, as well as employees who are exempt from payment of overtime wages by statute or the Wage Orders and employees who are directly employed by state government. LC 248.5 2800.2 Notification of Cal-COBRA and COBRA. Employers must give Cal-COBRA notices (which can include notice to former employee spouses and former spouses). LC 2699 2803.4 Medical Eligibility Not an Exception to ERISA Health Benefits. Employers must not reduce or deny ERISA health plan benefits because of Medi-Cal or Medicaid eligibility. LC 2699 2803.5 Compliance With Laws Regarding Health Coverage for Children of Employees. All employers must comply with laws regarding health benefits for employees’ children. LC 2699 2806 15 Days’ Notice to Discontinue Health Benefits. Employers must give 15 days’ notice of plans to discontinue offer of non-ERISA health benefits. LC 2699 2807 HIPP Notice. Employers must give former employees standardized written description of California Health Insurance Premium Program. LC 2699 2808 Explanation of Benefits. Employers must explain all health coverages they offer. Employers must give notice to terminated employees of all continuation, disability extension, and conversion coverage options under any employer-sponsored coverage for which the employee may remain eligible after employment. LC 2699 2809 Explanation of Employer-Managed Deferred Compensation Plan. Employers who offer employer-managed deferred compensation plans must notify employees in writing of financial risks, and must (by itself or through plan manager) provide quarterly reports of financial condition of employer and financial performance. LC 2699
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