40 3. Regular hours and pay set the rate of accrual and compensation for leave, during which benefits continue. 4. Up to 48 hours of unused accrued leave carries over for use the next year. 5. For details on specific situations (irregular hours, non-hourly pay, etc.), see Wage Protection Rule 3.5, 7 CCR 1103-7. B. Employees can use accrued leave for the following safety or health needs: 1. a mental or physical illness, injury, or health condition that prevents work, including diagnosis or preventive care; 2. domestic abuse, sexual assault, or criminal harassment leading to health, relocation, legal, or other services needs; 3. has a family member experiencing a condition described in category (1) (3) or in a PHE, a public official closed the workplace, or the school or place of care of the employee’s child. C. In a public health emergency (PHE), employees can use supplemental PHE leave for the following needs: 1. self-isolating or work exclusion due to exposure, symptoms, or diagnosis of the communicable illness in the PHE; 2. seeking a diagnosis, treatment, or care (including preventive care) of such an illness; 3. being unable to work due to a health condition that may increase susceptibility to or risk of such an illness; or 4. caring for a child or other family in category (1)-(3), or whose school or child care is unavailable due to the PHE. 5. During a PHE, employees still earn up to 48 hours of accrued leave and may use supplemental leave before accrued leave. D. Employer Policies (Notice; Documentation; Incremental Use; Privacy; and Paid Leave Records) 1. Written notice and posters. Employers must (1) provide notice to new employees no later than other onboarding documents/policies; and (2) display updated posters, and provide updated notices to current employees, by end of year. 2. Notice for “foreseeable” leave. Employers may adopt “reasonable procedures” in writing as to how employees should provide notice if they require “foreseeable” leave, but cannot deny paid leave for noncompliance with such a policy. 3. An employer can require documentation to show that leave was for a qualifying reason only if leave was taken for four or more consecutive work days (i.e. days on which an employee would have worked, not calendar days). 4. Documentation is not required to take paid leave, but can be required as soon as an employee can provide it after returning to work or separating from work (whichever is sooner). No documentation can be required for PHE leave. 5. To document leave for an employee’s (or an employee’s family member’s) health-related need, an employee may provide:
RkJQdWJsaXNoZXIy MTIxNjAyMw==