On Dec. 12, California's Labor Commissioner revised its FAQs to address changes that will occur on Jan. 1, 2024, to the Healthy Workplaces Healthy Families Act (HWHFA), the statewide paid sick and safe leave law.
Since amendments made by Senate Bill 616 were enacted on Oct. 4, 2023, employers have anxiously awaited the Labor Commissioner's interpretation of the changes. Although revisions for many FAQs are minor and simply account for the increased amount of leave employees can accumulate, carry over, or use as of Jan. 1, 2024, certain new FAQs provide insight into practical challenges some employers will face, shed light on issues the Labor Commissioner did not address in previous FAQ iterations, and make known the agency's position on its interpretation of amended provisions applicable to companies with employees covered by a collective bargaining agreement (CBA).
Although FAQs do not carry the same legal weight as regulations or the law, they are instructive as to how the agency will approach enforcement.
Year Definition and Documentation
Under the HWHFA, employers can designate any consecutive 12-month period as their year for compliance purposes. Recognizing that Jan. 1, 2024, might be in the middle of an employer's designated year, the Labor Commissioner added two new FAQs addressing actions employers can take, depending on whether they use an accrual-based or frontloading method to comply.
If employees accrue leave, employers must increase the temporary accrual cap...
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