California Workplace Notices

Authors: Melissa A. Silver, Michael C. Jacobson and Marta Moakley, XpertHR Legal Editors

A California employer should ensure compliance with state requirements for workplace notices. These notices advise employees of their rights and any employer obligations under a host of state laws. HR must monitor the applicable statutes and update the notices as needed.

The following chart contains information regarding which state notices employers are required to provide to employees. Clicking on the notice titles in the chart will provide access to notice posting and related information located in the Policies and Documents Tool.

Additional information regarding required notices for new hires can be found in the New Hire Paperwork: California section of the Employment Law Manual.

Additional requirements regarding notice posting for existing employees (including municipal requirements) can be found in the California Workplace Labor and Employment Law Posters - Chart and in the Employment Law Manual's Employee Communications: California section. These notice posting requirements include information related to child labor; paydays; employment discrimination; workers' compensation; wage and hour laws; unemployment compensation; and temporary disability benefits laws.

Additional information regarding notices for terminated employees (e.g., in the event of plant closings) can be found in the Process of Termination: California section of the Employment Law Manual.

Due to its large size, this chart is presented in a pop-up overlay. To view the chart in full size, simply click anywhere on the thumbnail image below. Then navigate the chart by clicking and dragging. To close the chart, click on the "X" in the upper-right hand corner.


Notice Covered Employers New Hires Existing Employees Terminated Employees Timing Format

California Consolidated Omnibus Budget Reconciliation Act (Cal COBRA) Notice to
Carrier

Employers with two to 19 employees.

N/A

N/A

N/A

Provide notice to the insurer in writing within 30 days of a qualifying event, such as an employee's termination of employment.

Written.

Disability Insurance Provisions Brochure, DE 2515

Every employer that has employees subject to state disability insurance contributions.

Provide new hires with brochure.

Upon notice from employee that he or she needs to take time off from work due to his or her non-work-related medical condition.

N/A

  • Upon hire; and
  • Upon notice from employee of leave request.

Provide written copy of the brochure.

Earned Income Tax Credit Notice

Every employer that is required to provide unemployment insurance to employees.

N/A

Provide the notice within one week of providing Form W-2, either before, after, or at the same time.

N/A

  • Provide the notice within one week of providing Form W-2, either before, after, or at the same time.
  • Hand the notice directly to an employee or mail it to an employee's last known address.
  • Posting the notice on an employee bulletin board will not satisfy the notification requirement.

Family Rights Act Notice

Employers with 50 or more employees.

  • Include notice in employee handbook, if applicable; and
  • Encouraged to provide notice to new employees.
  • Notify through written or electronic posting;
  • Encouraged to provide notice to current employees; and
  • Include notice in employee handbook, if applicable.

N/A

  • Ongoing notification through posting.
  • Written or electronic posting.

For Your Benefit: California's Programs for the Unemployed, DE 2320

All employers.

N/A

N/A

No later than the effective date of termination.

  • Prior to or immediately upon termination.

Provide copy of pamphlet to employees.

Health Insurance Premium Payment (HIPP) Program Notice, DHCS 9061

Employers with 20 or more employees.

N/A

N/A

Upon termination.

  • Prior to or immediately upon termination.

Written.

Notice to Employee, Labor Code Section 2810.5

All private employers unless there is a specified exception.

Provide each new nonexempt employee at the time of hire.

  • Provide to current employees within seven calendar days of any changes in the information included on this form unless the changes are reflected on a timely wage statement or the notice of changes is provided in another writing required by law within seven days of the changes.
  • For employees hired prior to January 1, 2015, and who were given a previous notice that was in effect as of December 31, 2014, the notice must be given by July 8, 2015, which is within seven days of the operative date of the paid sick leave law.

N/A

  • Upon hire; or
  • Within seven calendar days of any changes to information on form.
  • Written notification either using the government template or an employer-created template; or
  • Electronically if the employer has a system in place allowing employees to acknowledge receipt, and print copies, of the notices.

Notice to Employees as to Change in Relationship

All employers.

N/A

N/A

Provide to terminated employees immediately upon termination.

  • Prior to or immediately upon termination.

Written.

Notice to Employees, DE 35

All employers.

Provide to new hires.

Provide to current employees.

N/A

  • Written notification to new hires and current employees.

Written.

Paid Family Leave Brochure, DE 2511

All employers that have employees subject to state disability insurance contributions.
Required if a Voluntary Plan Insurer provides the employer's disability insurance coverage.

Provide new hires with a brochure.

Upon notice from employee that he or she needs to take time off from work to care for a seriously ill family member or to bond with a new child.

N/A

  • Upon hire; and
  • Upon notice from employee of leave request.

Written.

Pregnancy Disability Leave Notice

Employers with five or more employees.

Include notice in employee handbook, if applicable.

  • Notify through written or electronic posting;
  • Provide written notice to employee who notifies the employer of her pregnancy, leave, or requests a pregnancy-related accommodation or transfer;
  • Include notice in employee handbook if it describes other kinds of reasonable accommodation, transfers or temporary disability leaves available to its employees, or in the alternative distribute a written or electronic copy of its notice annually.

 

  • Ongoing notification through posting;
  • Whenever the employee provides notice of pregnancy and pregnancy-related accommodation or transfer; and
  • If not included in employee handbook, must be distributed annually.
  • Written or electronic posting.

Sexual Harassment Brochure, DFEH 185

All employers.

Provide new hires with a brochure.

Recommended for existing employees.

N/A

  • Upon hire.

Written.

Time of Hire Pamphlet

All employers.

Provide the pamphlet to a new employee at the time of hire or by the end of the first pay period.

Provide to current employees at the time of any changes in the information included on this form.

N/A

  • Upon hire; or
  • By end of first pay period.
  • Provide written copy of pamphlet.
  • Pamphlet can be customized so long as it meets the time of hire requirements.

Worker Adjustment and Retraining Notification (WARN) Act Notice

Employers with 75 or more full-time or part-time employees who have been employed for six of the 12 months prior to the date that notice is required.

N/A

N/A

Provide to employees if employer terminates 50 or more employees during any 30-day period, if it relocates an entire operation 100 or more miles away or if it closes an entire facility.

  • An employer must provide the California WARN notice to employees 60 days prior to a plant closing, layoff or relocation.*
  • Employers must create their own notices and provide written copies of the notice to terminated employees. The notice must contain certain required information.

*Please note that there are additional notification requirements under WARN to various government entities.