40 If an employee fails to return from a Leave of Absence on the scheduled date, it will be considered a voluntary resignation of employment. Section 9: Healthy Family and Workplaces Act (HFWA) Paid Leave Rights (Sb 20-205 and HB 20-1415) A. Coverage: Employers with at least 16 employees are required to provide paid leave under the Healthy Families & Workplaces ACT (“HFWA”) Paid Leave Rights 1. Employees earn 1 hour of paid leave per 30 hours worked (“accrued leave”), up to 48 hours a year. 2. Up to 80 hours of supplemental leave applies in a public health emergency (PHE), until 4 weeks after the PHE ends. 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.
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