Answers to your questions
How can I terminate an employee and avoid putting my practice at risk?
No termination is completely risk-free. You can reduce your risks by ensuring there is a legitimate business reason for the separation and applying a consistent approach. Evaluate if you have managed performance consistently and maintained documentation. Be prepared to provide all final wages due at the time of the termination. A well-documented, consistent and respectful process is the best way to minimize legal exposure.
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If you are considering terminating an employee, reach out for guidance from a specialized analyst before you take action.
What are the paid sick leave requirements?
Most employees in California are entitled to at least 40 hours or 5 days of paid sick leave each year, whichever is greater. This applies to FT, PT and temporary employees. Some localities require employers to provide more paid sick leave than the state mandate. Employers may limit annual use to 40 hours or 5 days. Employees are protected from retaliation for using legally available sick leave. Members can sign in to access a Comprehensive Guide to California’s Paid Sick Leave Law.
My employee hasn’t returned from leave, what now?
First, don’t assume the employee has quit or automatically terminate employment. Contact the employee and determine their status, whether or if they need additional leave, or if they intend to return to work. Review the type of leave involved and whether any additional obligations may apply, such as reasonable accommodation under CA law. Document your communications. When in doubt, seek guidance before proceeding with adverse employment actions.
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What forms and training are required for new employees?
Once you’ve hired a new employee, you’re required to give them several forms and provide training under both state and federal laws. Begin the employment relationship ensuring they understand your policies, are informed of their legal rights and obligations, and receive the required training to do their jobs safely and efficiently.
Members can sign in to access New Hire Required Forms and Required Employee Training.
How do I address excessive employee absences?
Start by reviewing the reason given for the absences and determining whether any are protected under law, such as paid sick leave, family or medical leave, or disability-related need. If the absences are not protected, communicate clear attendance expectations, document the issue and apply your attendance policy consistently. Address concerns promptly before they become ongoing performance issues.
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Michelle Coker, PHR, PHRca
Practice Analyst
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