Notice to Employee

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					           Employee Notice Requirements For California Employers
                                                       Updated December 2001

This chapter covers only notices that are required to be given to and/or mailed to employees. Notice requirements that must be
posted are covered in Employers Group posting requirements listings. This list does not include tax forms that are required b y State
or Federal taxing agencies. See Chapter 3 for additional notices under fe deral law.

                                                  Unemployment Insurance (UI)

Employees laid off, discharged or placed on a leave of absence must receive the pamphlet "For Your Benefit -- California’s
Programs for the Unemploy ed" (DE 2320) by action's effective date. (U. I. Code §1089)

A "Change of Status Notice" must be given to all employees whose employment status has changed including thos e who are laid off,
discharged, plac ed on leave of abs ence, or changed to Independent Contractor status by the effective date of the action. (U.I . Code
§1089)

                                                 State Disability Insurance (SDI)

Employer must provide the brochure "State Disability Insurance Provisions" (DE2515) to new employees within five working days of
employment date. Also, the pamphlet must be given to any employee who becomes disabled due t o pregnancy or is ill or injured
from causes unrelat ed to work within ten days of the absence, provided that the employer has been notified of the cause of th e
absence. (U.I. Code §1089)

                                            Workers' Compensation Insurance (WC)

New Employee Notice: New employe es, either at the time of hire or by the end of the first pay period must receive t he pamphlet
"Facts about Workers’ Comp." (90-58882). (CA Labor Code §139.6)

Injured Worker Notice: Injured workers are to be given the pamphlet "Facts for Injured Workers" (90-58882) within one working day
of the employ er receiving notice or knowledge of a workers' compens ation injury that results in lost time beyond the date of injury or
which results in medical treatment bey ond the first aid. (CA Labor Code §139.6)

Workplace Crime Notice: Requires every employer to give any employee who is a victim of a crime that occurred at the employee’s
place of employment a written notice that the employee is eligible for workers’ compensation for injuries that are the result of a
work place crime. (CA Labor Code §3553)

Injury Report: Employees must be given "First Report of Injury – Employ ee Claim Form" (DWC – 1) within one working day of the
employer rec eiving notice or knowledge of workers’ compensation injury that results in a loss of time beyond the dat e of injury or
which results in medical treatment bey ond first aid. (CA Labor Code §139.6)

Personal Physician Choice: Employers must advise all employees of their right to designate a personal physician for treatment in the
event of a work injury or illness (this is a posting requirement). In addition, the employer must furnish the employee a form on which
to make this request. (CA Labor Code §3552)

                                                         Insurance Notices

Cal-COBRA - State: Employers are required to notify employees in w riting who are at least age 60 and if the employee has at least
5 years employment wit h the employer, that their Federal COB RA rights can be extended beyond the Federal limits (18, 29, or 3 6
months) or until eligible for Medicare. This written notice should be given at least 90 days prior to the end of the initial COB RA
coverage period. (CA Labor Code §2800.2)

Health Insurance Premium Payment Program (HIPP) Notice: Employers with 20 or more employees that provide health
insurance are required to give terminating workers a special notification about the state sponsored HIPP program. This notice is in
addition to the COBRA Notice and applies to both privat e and public employers. (CA Labor Code §2807)

Notice of Di scontinuance of Employee Medical Benefits: All employers (private or public) who discontinue medical, surgical or
hospital benefits for employees shall notify and advise all covered employees in writing of any discontinuation of coverage, inclusive
of non-renewal and canc ellation. The written notice must be provided at least 15 days in advance of each action. (CA Labor Code
§2806)

Insurance Privilege Rights: All employers (public and private) shall provide to employees upon termination notification of all
continuation, disability extension and conversion options under any employer spons ored coverage that the employee may be eligible
for aft er termination. The written notification must be given to the employ ee within 15 days from termination of employment o r
termination from the plan, such as expiration of their COBRA coverage. (CA Labor Code §2808, Health & Safety Code 1373.6(g))

                                               Summary Plan Descriptions (SPD's)

Employer Sponsored Health Coverage - State: All employers (public or private) must provide all eligible employees an outline of
coverage or similar explanation of all benefits provided under employer sponsored health coverage. This includes, but is not limited
to, provider information from health maint enance organizations (HMO) and preferred provider organizations (PPO). Your ERISA
required "Summary Plan Description" meets this requirement. (CA Labor Code §2808(a))

Employer Sponsored Deferred Compensation Plans: All employers that offer its employees an employer managed deferred
compens ation plan, shall provide to each employee, prior to enrollme nt, financial risks of participation and historic al information as to
the investments under this plan. Thirty days after the end of each quarter participants must receive a written report summari zing the
financial performanc e and an annual balance sheet or annual audit describing the financial condition of the investment plan. (CA
Labor Code §2809)

                                                        Privacy Requirements

Confidentiality of Medical Information Act: Generally, an employer may not use, disclose or knowingly permit its employees or
agents to use or disclose medical information that the employer possesses concerning its employ ees without first obtaining a valid
written authorization from the employee. Exceptions to this rule apply for: Judicial or administrative processes; Legal chall enges or
claims only if the employee placed their medic al history, condition or treatment to issue in the proceeding; Information necessary to
administer and maintain employee benefits and under certain circumstance, to assist a health care provider in treat ment of
employee. (CA Civil Code, Part 2.6, §56.20 & .21)

                                                 Anti-Discrimination Requirements

Pregnancy Notice: Employers with five or more employ ees must furnish a pregnant employee a written notice with respect to the
employee’s right to request a pregnancy disability leave or temporary transfer to a less strenuous or hazardous job if medically
advis able (2 Cal. Code Regs. §7291.16). If the employer is covered by California Family Rights Act (CFRA – 50 or more employ ees)
and 10% of the workforce speaks a language other than English, the notice must be translated into the language(s ) spoken by such
employees. (CA Code of Regulations (CCR), § 7279 (c))

Sexual Harassment: Employers with one or more employees are required to distribute to their employees the Department of F air
Employment & Housing (DFE H) information sheet on sexual harassment or equivalent information in a manner that ensures
distribution to each employee. (CA Gov. Code §12950(b))

                                                          Leaves of Absence

California Family Rights Act (CFRA): Employers are encouraged to give a copy of the notice to each current and new employee,
to ensure that copies are otherwise available to each current and new employee, and disseminate the notice in any other way. (CCR
§ 7297.9(b))

Pregnancy Di sability Leave: See above, “A nti-Discrimination Requirements.”

                                               Background Checking Requirements

Consum er Credit Act: For employment purposes, the employer must provide written notice that a report will be us ed, identifying the
agency supplying the report and a box for the individual to check to receive a free copy. (CA Civ. Code, §1786.16a(2), §1786.22
and CA Labor Code §2930)

                                            Employee Discipline Due to Investigation

Any employer who disciplines or discharges on the basis of a shopping investigator’s report performed by a person licensed
(according to the Business and Professional Code, § 7500 of Division 3) shall provide a copy of the report prior to dischargin g or
disciplining the employee. Where an int erview might result in termination due to dishonesty, the employee must be given a cop y of
the report during the course of the interview. This mandat e does not apply to licensees exclusively and regularly employed by the
employer. (CA Labor Code §2930)

                                                        Polygraph Reports

Employers may not require polygraph tests from applicants or employees (government employers excepted). If a polygraph test is
requested, the person must first be advised in writing at the time the test is administered of their right to refuse. (CA Labor Code
§432.2)

				
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