Can Employers in CA Reimburse CPR Certification and Livescan After 90 Days?

Question from qq, Can Employers in CA Reimburse CPR Certification and Livescan After 90 Days?

Answer from AI:

As an employer in California, you may have specific requirements for your employees, such as CPR certification and Livescan background checks. Understanding the legal obligations regarding reimbursement for these expenses is crucial to ensure compliance with state laws.

California Labor Code and Reimbursement

Under California law, specifically the California Labor Code Section 2802, employers are required to reimburse employees for all necessary expenditures or losses incurred as a direct consequence of their job duties. This includes costs for required certifications and background checks.

Reimbursement Timing and Conditions

You mentioned the idea of reimbursing employees after a 90-day probationary period. However, California law does not provide an exception for probationary periods when it comes to reimbursement. If the expenses are necessary for the job, they must be reimbursed regardless of the employee’s tenure.

Key Points to Consider

• Immediate Reimbursement: Employees should be reimbursed for necessary expenses promptly, not contingent on a probationary period.
• Necessary Expenses: If CPR certification and Livescan are required for the job, they are considered necessary expenses under California law.
• Documentation: Keep detailed records of the expenses and reimbursements to ensure compliance and for potential audits.

What If the Employee Leaves Before 90 Days?

Even if an employee does not stay beyond the 90-day probationary period, you are still obligated to reimburse them for any necessary expenses incurred. Failure to do so could result in legal consequences, including potential claims for unpaid expenses.

Steps to Ensure Compliance

1. Review your reimbursement policies to ensure they align with California Labor Code Section 2802.
2. Implement a process for prompt reimbursement of necessary expenses, regardless of the employee’s length of service.
3. Consult with a legal professional to review your policies and ensure they comply with state laws.

Consulting a Legal Professional

Given the complexities of employment law, it is advisable to consult with a legal professional to ensure your policies are compliant with California regulations. They can provide personalized advice and help you navigate any specific issues related to your business.

For more detailed information, you can refer to the [California Labor Code Section 2802](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=2802) and the [California Department of Industrial Relations](https://www.dir.ca.gov/).

Remember, while this information provides a general overview, it is not a substitute for professional legal advice tailored to your specific situation.