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In 2003, 47% of survey respondents admitted to having an office romance, according to Vault.com’s 2003 Office Romance Survey.

Eight years later, in Vault.com’s 2011 Survey, the percentage increased to 59%.

In general, no, an employer may not discipline an employee for using accrued paid sick leave.

Depending on the circumstances, however, the issue may be more complex and may require more analysis. (c)(1).) Separately, Labor Code section 233 (commonly referred to as the “Kin Care” law) requires an employer to allow an employee to use accrued and “available” sick leave (which is the amount that would accrue during a six month period) for the purposes specified in the paid sick leave law.

HRCalifornia provides access to California employment law resources to help you provide the appropriate advice to your California employees and to help you and your human resources team develop and implement appropriate workplace policies.

However, AB 5 would apply to many more employers and is more burdensome.

With Valentine’s Day quickly approaching, here are some issues for employers to consider when addressing workplace romances.

As much as an employer might like to, attempting to establish a complete ban on workplace romances is not a good idea for a number of reasons.

An employer using a “grandfathered” (i.e., existing) paid time off policy or plan must ensure that the plan “makes available an amount of leave applicable to employees that may be used for the same purposes [i.e., for paid sick leave] and under the same conditions [i.e., paid at the same rate] as specified in” section 246 of the new law.

This means that an employer using a grandfathered paid time off plan must ensure that time that is taken off for paid sick leave must be paid in the manner as specified in the new law (as quoted and summarized above).

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