When employers are changing or adding new policies, do they have a to give employees advance notice? If so how many days and where would I find it in writing?
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There is no California or federal law that requires a specific amount of notice to be given to employees regarding internal policy changes, generally. If the new policy affects wages or benefits, however, employees must be given notice of the change before they work hours that are affected by the change. For example, if you switch from a vacation/sick leave plan to a combined PTO plan, you have to notify employees of the change before they work hours that are subject to the new policy. This is because changes to earned wages can’t be made retroactively. In addition, some statutes require advance notice to employees of changes—for example, changes to COBRA or FMLA, because the law has changed or benefit plan terms have changed.
As a practical matter, if it’s possible to give 14-30 days notice of policy changes, it’s wise to do so to allow time for employees to ask questions before they are subject to the new policy.
—Jessica Christensen, Esq.
California Employer Advisor