Amended by Stats. 2015, Ch. 67, Sec. 3. (AB 304) Effective July 13, 2015.
(a)An employer shall keep for at least three years records documenting the hours worked and paid sick days accrued and used by an employee, and shall allow the Labor Commissioner to access these records pursuant to the requirements set forth in Section 1174. An employer shall make these records available to an employee in the same manner as described in Section 226. If an employer does not maintain adequate records pursuant to this section, it shall be presumed that the employee is entitled to the maximum number of hours accruable under this article, unless the employer can show otherwise by clear and convincing evidence.
(b)Notwithstanding any other provision of this article, an employer
is not obligated to inquire into or record the purposes for which an employee uses paid leave or paid time off.
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