By Kate Kriner, PHRca
A frequent question our consultants are asked is “What is with all the employment pamphlets and notices that California requires? Do we really have to give them more than once and when?”
We are sure you are all tired of hearing this, but… it depends. There are different laws and state agencies regulating these notices. So read on and add a few items to your to-do list in order to prevent potential fines and lawsuits for non-compliance.
Here is your primer on California’s six (yes, you read that correctly) required pamphlets and when they must be provided:
First is the Workers’ Compensation pamphlet. This must be given to all employees at hire. You have a little leeway here as it only needs to be provided by the end of the first pay period. The Cal/OSHA version of this pamphlet was last updated in 2014.
A Sexual Harassment notice, which is distinct from your written anti-harassment policy, must be included at time of hire. This notice may be in the form of a poster or a fact sheet. (The pamphlet was last updated January 2020).
The Rights of Victims of Domestic Violence, Sexual Assault and Stalking notice is required to be provided upon hire, if the employee needs time off for one of the reasons listed and if it is requested by a current employee. This pamphlet was updated in March 2021.
Next is the State Disability Insurance, DE 2515, (SDI) pamphlet. Employers are obligated to provide this within 5 days of hire and then again if the employee is unable to work because of their own health condition. Typically, if there is a protected leave such as FMLA, CFRA, pregnancy disability leave, this is the time to provide the SDI information. This pamphlet will be updated for January 1, 2022.
Similar to the SDI pamphlet is the Paid Family Leave, DE 2511, (PFL) pamphlet. Again, employers are obligated to provide this pamphlet upon hire and again if the employee is taking a leave that would be covered by the benefit—taking FMLA or CFRA when needing to provide care for a family member. This pamphlet was updated in December 2020.
The Unemployment Insurance, DE 2320, (UI) pamphlet is another notice to provide. This does not need to be given at hire, but is to be provided on the effective date of a layoff or termination. A few circumstances such as a reduction in hours may necessitate giving the notice as well. This pamphlet was last updated in December 2020.
Now for your to-do list. First, check that you are using the most up to date version. Second, ensure you are providing the notices at the correct time. The easiest way to do this is to use a checklist and if you already are, time to doublecheck it is listed. For our clients, please visit our library for the corresponding checklist.
Third on your to-do list, schedule some time to review the notices and familiarize yourself with the contents. The more you know, the easier it will be to stay in compliance!
As always, call your favorite Silvers HR consultant if you have any questions or wish to order additional pamphlets. The HR nerds are standing by.