california sick leave doctor's note

Someone from our team will be in touch shortly. Employees who remain scheduled to work may continue to use their accrued paid sick leave for any qualifying reason for any portion of their scheduled hours they are unable to work. What an employer cannot do is require an employee to submit a sick note each time they take a sick day and let other employees off the hook by not requiring a note at all. This will help the doctor make the right diagnosis and recommendations for your recovery. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. ), which may include something like a doctor's note. Almost two years after California’s requirement to provide employees with paid sick leave, there are still many outstanding questions about California’s Healthy Workplace Healthy Family Act of 2014. Important Note Regarding Kin Care and Sick Leave Usage for Family. These cookies do not store any personal information. An employer calling a doctor’s office and inquiring about an employee’s health condition or treatments could violate the provisions of the Health Insurance Portability and Accountability Act (HIPAA) of 1996. This website uses cookies to improve your experience while you navigate through the website. Federal regulations allow partial day deductions from an employee’s sick leave bank so that the employee is paid for their sick time by using their accrued sick leave. We’ll be joined by experts from Wilson Sonsini Goodrich & Rosati and the Sequoia Risk Management & Legal Teams. Thank you for your request. Don’t be. An employee who uses paid sick leave under the California Sick Leave Law to care for a parent in law, would not be using days that qualify under Kin Care. Employers covered by the San Francisco PSLO must allow employees to use accrued sick leave if an employee takes time off work for the following reasons: Can an Employer Require Documentation from a Doctor? Employees who want to take extended unpaid sick leave under the Family and Medical Leave Act (FMLA) do need to provide proof under federal law, if an employer requests it. The California Department of Industrial Relations (DIR) has released an FAQon laws enforced by the Labor Commissioner’s Office, providing guidance to employers as it relates to sick leave and COVID-19 illness. You can, however, receive compensation while on leave by substituting in your accrued vacation or sick leave, taking leave under some other employer-paid family leave policy or disability leave plan (if your employer provides it), or qualifying for wage replacement under California state disability insurance, or paid family leave program. California’s Paid Sick Leave law does not address if an employer may require employees to provide a doctor’s note in order to take paid sick leave. Employees may use paid sick leave when they or a family member are ill, injured, or for the purpose of receiving medical care (including preventive care), treatment, diagnosis, or other medical reasons. 3. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Employees who have their hours reduced or eliminated are not entitled to use accrued paid sick leave to account for such reductions or eliminations. According to guidance issued by the U.S. California’s Paid Sick Leave law, the Healthy Workplaces, Healthy Families Act of 2014, became effective on January 1, 2015.  While employer have been subject to the law for over four years, there are still some questions that employers have about their obligations.  Below are five questions that are still routinely asked by employers. The Return to Work Playbook will be delivered to the email address you provided. Equal Employment Opportunity Commission (EEOC), such inquiries are permitted under the Americans with Disabilities Act (ADA), as they are not considered to be disability-related. The requirement that employees provide a “doctor’s note” when they take sick time is nothing new. The paid sick leave law provides that “an employer shall provide paid sick days . Once you hit the 3 day mark, then you potentially get into FMLA territory or sick leave abuse. Please refer to the DFEH Employment Information on COVID-19 FAQ for additional guidance. What is a Sex Offender? Join us for a discussion on the current regulatory requirements and a preventive roadmap to mitigating COVID-19 exposures as well as managing potential outbreaks. Thank you for your interest. 4. What is Molestation? As previously discussed, the California Department of Industrial Relations, which will enforce California’s new Paid Sick Leave law, put out a webinar to discuss compliance issues. Employers may not require a doctor’s note or other documentation for the use of paid sick leave taken pursuant to the San Francisco PSLO during the duration of the Local Health Emergency regarding COVID-19. Someone from our team will be in touch shortly. My employer says I am required to produce a doctor’s note if I stay home from work due to illness. upon the oral or written request of the employee.” The paid sick leave law does not allow an employer to condition the right to use paid sick days on a requirement that the employee bring a doctor’s note. If you work in San Francisco, ask your employer about any company policies on getting a doctor's note when you use sick time. When to Get a Note From Your Doctor . If sick leave is exhausted, employees may be entitled to other paid leave (including vacation or paid time off), or job-protected unpaid leave. . On March 27, 2020, Congress passed a stimulus package that aims to aid workers and businesses impacted by the economic hardship caused by the coronavirus (COVID-19) pandemic. It is mandatory to procure user consent prior to running these cookies on your website. Employers may ask if employees are experiencing COVID-19 symptoms, such as fever, chills, cough, or sore throat and must maintain all information about employee illness as a confidential medical record. You also have the option to opt-out of these cookies. Can Employers Require Employees to Use Paid Sick Leave for Quarantine Purposes? Additional ResourcesDIR – FAQs on Laws Enforced by the Labor Commissioner, OLSE Guidance – PSLO & Coronavirus (March 9, 2020), OLSE Guidance – PSLO & Coronavirus (March 24, 2020). Your doctor will ask you questions to understand your ailments, if these are borne from stress, and if stress leave would help you recover. If the employer has employees in a city with a local paid sick leave law, which law applies? If there is a separation from employment, and an employee is later rehired by the employer within one year, previously accrued and unused paid sick leave must be reinstated, and the employee is entitled to use the previously accrued and unused paid sick leave and to accrue additional paid sick leave upon rehiring. If the need is unforeseeable, the employee need only give notice as soon as practical, as may occur in the case of unanticipated illness or a medical emergency. Must employees produce a doctor's note if asked for one by their employer? If an exempt employee works any portion of a day, there can be no deduction from salary for a partial day absence for personal or medical reasons. The method of calculating the pay depends upon whether the employee is exempt or nonexempt. 3) California’s paid sick leave law also specifies when and how an employee is paid for taking a “sick day.” The “sick day” must be paid no later than the payday of the next regular payroll period after the sick leave was taken. If you request leave under the FMLA or other employee sick leave plan, it is not necessarily within your employer’s rights to verify your claim with your physician. . Workers typically have 15 days to provide certification that the FMLA leave requested is for a qualifying reason (e.g., surgery, physical therapy, etc. 1. 5. So it’s now the law – if you have employees, they get sick time. Is it legal to require employees who have taken a leave of absence due to COVID-19 to get a doctor’s note prior to their return to the workplace? For more information about the CARES Act, please see our blog post. As it is not specifically prohibited, it may be deemed permissible by … A Few Points Regarding Your Current Paid Sick Leave Policy 5. Workers that have been laid off by their employer are no longer eligible for paid sick leave. As of July 1, 2015, anybody employed for more than 30 days (part-time or full-time) is entitled to sick leave. Thank you for your request. Employees that experience a reduction of hours or whose employer shuts down operations due to COVID-19 can file an Unemployment Insurance Claim and may be eligible for partial wage replacement benefits up to $450 per week. This category only includes cookies that ensures basic functionalities and security features of the website. The bill, entitled the “Coronavirus Aid, Relief, and Economic Security Act” or the “CARES” Act, allocates approximately $2 trillion to a variety of loans, grants, and aid programs and makes changes to existing laws. The following provides a summary of the DIR’s guidance: Does Preventative Care Include Self-Quarantine due to COVID-19? Recently, California passed the Healthy Workplace/Healthy Families Act of 2014, also known as AB 1522, which includes important measures on paid sick leave. Paid sick leave accrues at the rate one hour per every 30 hours Editor's Note: Effective April 16, 2020, Executive Order N-51-20 provides supplemental paid sick leave ("COVID-19 Supplemental Paid Sick Leave") for California … California Sick Leave Law 2. The DIR’s frequently asked questions also do not address this specific question, and only provides the following guidance about the required notice an employee must provide to take PSL: No. This is congruent with California law. You will receive a confirmation email shortly. COVID-19 will qualify as a serious health condition if it results in inpatient care or continuing supervision by a health care provider. If an employer exhausts sick leave, or does not qualify to use paid sick leave, other types of leave may be available pursuant to an employer’s paid time off policies. With the July 1, 2015 date on the horizon, most employers spent the beginning half of last year focused on making sure they had in plac… Employers can apply for the Unemployment Insurance Work Sharing Program if, as a result of COVID-19’s impact on the economy, reduced production, services, or other conditions cause them to seek an alternative to layoffs. Employers cannot require employees to use paid sick leave for quarantine purposes. California doesn’t allow you to discipline an employee for taking time off for paid sick leave such as a doctor’s appointment or illness. What is a Rape Kit? In September 2020, California passed two new pieces of legislation that impose new obligations on employers in the event positive test cases of COVID-19 in the work place. If you require legal or tax advice, please consult with a licensed attorney or tax professional in your jurisdiction. Can Employers Apply for the Work Sharing Program due to COVID-19? Employees that are unable to work because they have been exposed or diagnosed can file a Disability Insurance claim, and may be eligible to receive short-term benefit payments of approximately 60-70 percent of wages of up to $1,300 a week (depending on income). One topic that dominated every seminar was questions surrounding California’s mandatory paid sick leave law, which took effect last year and required employers to provide paid sick leave (PSL) to their employees beginning July 1, 2015. However, if an employer is using a paid time off or vacation policy to comply with the Ordinance, California law requires the payout of PTO or vacation upon separation of an employee. The following provides a summary of the EDD’s guidance: Can Employees File a Disability Insurance Claim due to the COVID-19? The following provides a summary of the OLSE’s guidance: When Must Covered Employers Allow Employees to Use Accrued Sick Leave due to COVID-19? Privacy      Terms      License      Business Resiliency. Local ordinances may provide additional rights to sick leave. 2. Employees are eligible to accrue hours to get paid while on leave for certain reasons, including caring for a family member or when the employee is ill and unable to work. However, if the employee elects to use paid sick leave, an employer can require an employee take a minimum of 2 hours of paid leave per day. Many feel uneasy about asking their doctor for time off from work. In that webinar, the DIR said that requiring employees to provide doctors’ notes could be construed as unlawful interference with their statutory right to the leave. According to the webinar, requiring employees to provide doctors’ notes could be construed as unlawful interference with their statutory right to the leave. It implies that people don't value their dental health, or that, for some reason, they don't view dentists the same way they do other doctors. Employees that are unable to work because they are caring for an ill or quarantined family member may file a Paid Family Leave (PFL) claim, and may be eligible for up to six weeks of benefit payments of up to $1,300 a week (depending on income). An employee working in California, on or after July 1, 2015, for 30 or more days within a year is entitled to paid sick leave. As the DIR sets forth, to determine the rate of pay, the employer may either: For exempt employees, paid sick leave is calculated in the same manner the employer calculates wages for other forms of paid leave time, such as for vacation pay, paid-time off, etc…. What Happens to Accrued Unused Sick Leave at Employee Separation? How to get a doctor’s note for stress leave? California Pool Laws 4. What are Compensation Considerations During COVID-19? (3) Paid sick time for exempt employees shall be calculated in the same manner as the employer calculates wages for other forms of paid leave time. Can Employees File an Unemployment Insurance Claim due to COVID-19? Are Employees Entitled to Job-Protected Unpaid Leave Under the California Family Rights Act due to COVID-19? San Francisco paid sick leave is available to employees. The content on this blog is for general informational purposes only and does not apply to any particular facts or circumstances. We also use third-party cookies that help us analyze and understand how you use this website. If an exempt employee has not yet accrued any sick leave or has exhausted all of their sick leave balance, there can be no salary deduction for a partial day absence. California law is silent about whether an employer can require a worker to provide a doctor’s note when taking accrued sick leave. We’ll be joined by experts from ESM, Fisher Phillips, and the Sequoia Risk Management Team. California’s Paid Sick Leave law does not address if an employer may require employees to provide a doctor’s note in order to take paid sick leave.  The DIR’s frequently asked questions also do not address this specific question, and only provides the following guidance about the required notice an employee must provide to take PSL: The employee must notify the employer in advance if the sick leave is planned, as may be the case with scheduled doctors’ visits. The California Department of Industrial Relations (DIR) has released an FAQ on laws enforced by the Labor Commissioner’s Office, providing guidance to employers as it relates to sick leave and COVID-19 illness. I addressed that question last May in response to a webinar put out by the California Department of Industrial Relations, the agency that enforces California’s Paid Sick Leave law. Employers must comply with all leave laws that apply to their business, and must provide the most generous provisions of each leave law.  For example, in Southern California, the following local governments have paid sick leave requirements: Common questions about California’s Paid Sick Leave requirements, Holiday Pay, Time Off, and Other California Employment Issues During the Holidays, Five Steps California Employers Can Take To Prepare for 2021, San Diego Raises Minimum Wage on January 1, 2021 to $14 per hour, careful about how to calculate the regular rate of pay for commissioned employees for paid sick leave purposes also, Calculate an employee’s regular, non-overtime rate of pay for the workweek in which he or she used paid sick leave, whether or not he or she actually worked overtime in that workweek (in general terms, this is usually done by dividing your total non- overtime compensation by the total non-overtime hours worked), or, Divide the employee’s total compensation for the previous 90 days (excluding overtime premium pay) by the total number of non-overtime hours worked in the full pay periods of the prior 90 days of employment.  Employers need to be. March 11, 2020 • by Lizet Ramirez in Compliance. Information provided in this blog may not reflect the most current legal developments and may vary by jurisdiction. The following provides a few key considerations from DFEH guidance: Can an Employer Send Employees Home if they Display COVID-19 Symptoms? 1. For help with healthcare, wellbeing, retirement, and global services, Phone: 650-SEQUOIA (650.737.8642) Email: support@sequoia.com, For help with payroll, HR, healthcare, wellbeing, and retirement services, Phone: 415.937.9299 Email: support@sequoia.com, For help with Sequoia systems, technology, and apps. Make Sure You Are Keeping a Record of Paid Sick Leave 7. Can employees take time off for doctor's appointments? Yes.  Employers need to review attendance policies to ensure that the policy does not violate California’s paid sick leave (PSL) requirements.  Many attendance policies discipline employees for an unscheduled absence or if the employee does not provide advanced notice prior to an absence.  Under the terms of the paid sick leave law, if an employee has accrued and available sick leave, and is accrued paid sick leave for a purpose permitted under the law, an employer cannot discipline the employee for the leave.  This is considered a form of discipline against the employee for using his or her paid sick leave as allowed under the paid sick leave law. Employers are not required to pay employees for accrued unused paid sick leave upon the employee’s separation from employment. The following provides a summary of the DIR’s guidance: Does Preventative Care Include Self-Quarantine due to COVID-19? How much will employees be paid for sick leave? Non-exempt employees who are reporting to work but are required to work fewer hours, or who report to work and are sent home, must be compensated for at least two hours (or no more than four hours) of reporting time pay. State and local administrative agencies have released guidance to employers regarding wage and hour issues, paid sick leave, disability and unemployment insurance for situations involving the Coronavirus (COVID-19) outbreak. All other uses related to family members would qualify under both laws. Sick leave is provided to state employees pursuant to: the Government Code, the California Labor Code, the California Code of Regulations, and/or Memoranda of Understanding (MOU). The information and materials on this blog are provided for informational purposes only and are not intended to constitute legal or tax advice. During the consultation, be 100% honest about what you are feeling. Over a one-month span, CalChamber experts conducted nine seminars, speaking with hundreds of employers throughout the state. My ... lose a day or 2 it doesnt require a note. PSLO is a requirement that San Francisco employers must provide to their employees. (2) Paid sick time for nonexempt employees shall be calculated by dividing the employee’s total wages, not including overtime premium pay, by the employee’s total hours worked in the full pay periods of the prior 90 days of employment. However, it is important to note, as California’s Department of Industrial Relations (DIR) states in its frequently asked questions, the paid sick leave law does not “protect” all time off taken by an employee for illness or related purposes.  It “protects” only an employee’s accrued and available paid sick leave as specified in the statute. Remember that your doctor is here to help you. Employees must give their employer a doctor’s ‘fit note’ (sometimes called a ‘sick note’) if they’ve been ill for more than 7 days in a row and have taken sick leave. California's family sick leave law precludes an employer from terminating an employee for taking family sick leave. The latest litigation trends, court decisions, & issues on California Employment Law. Can Employees File a Paid Family Leave Claim due to COVID-19? Preventive care under paid sick leave would include self-quarantine as a result of potential exposure to COVID-19 if recommended by authorities or if the employee has travele… Isolation or quarantine, or to care for a family member who is subject to isolation or quarantine, as recommended by a health official or healthcare provider; The employee falls within the definition of a “vulnerable population” under the San Francisco. Employees are covered by the law unless there has been a separation of employment (e.g., termination, layoff, resignation, or retirement). 2. We do NOT have a PTO plan. A Note on Doctor’s Notes 6. The use of this blog does not in any way establish an attorney-client relationship, nor should any such relationship be implied, and the contents do not constitute legal or tax advice. Employers may ask employees that exhibit COVID-19 symptoms to go home and must provide paid sick leave and compensate the employee under paid sick leave laws. Each company has its own policies about whether or not employees must submit a doctor’s note when they take a sick day. Listen in on Sequoia clients in both HR and business roles as they share their considerations, insights, and learnings from key RTW decisions. Effective January 1, 2016, California Labor Code section 233 was amended to include updates to Labor Code section 245.5 and 246.5 which permits employees to use sick leave for the following reasons: During this 1-hour webinar, we’ll break down what you need to know and do now to stay compliant. Can employers require doctor’s notes from employees who take paid sick leave? No, in California FMLA and CFRA leave is unpaid. The employee’s business or a work location temporarily ceases operations in response to a public health or other public official’s recommendation – subject to the “Eligibility for Paid Sick Leave” guidelines above; The employee needs to provide care for a family member whose school, childcare provider, senior care provider, or work temporarily ceases operations in response to a public health or other public official’s recommendation. Starting in July 2015, California employers now have to provide their employees with at least three paid sick leave days per year. The fact that people wonder if a dentist can give a sick note implies one of two things. September Reopening: Companies rolling out in September will sign by 9/8, October-December Reopening: Companies rolling out in the last quarter of 2020 will sign by 10/5, 2021 Reopening: Talk to a Sequoia consultant about your timing. However, you are able to discipline them if they fail to notify you per … California’s Employment Development Department (EDD) has provided guidance on Disability Insurance, Paid Family Leave, and Unemployment Insurance for those affected by COVID-19. Nevertheless, family sick leave absences probably can be counted in determining excessive absenteeism as long as they are not accorded more weight than employee sick … Once you hit the 3 day mark, then you potentially get into FMLA territory or sick leave is.. No longer eligible for paid sick leave for Quarantine purposes it doesnt require a doctor 's appointments opt-out these! The state ’ t Discipline an employee is exempt or nonexempt employers must provide their. Things Every Business Owner Needs to Know and do now to stay compliant, or away from work Few Regarding. Members would qualify under both laws do now to stay compliant the work Sharing due! Serious health condition if it results in inpatient Care or continuing supervision by a health Care.. Blog is for general informational purposes only and are not required to produce a doctor s! ( part-time or full-time ) is entitled to use accrued paid sick leave to... Get your doctor ’ s guidance: can an employer shall provide paid sick leave abuse healthcare. To use paid sick leave law provides that “ an employer shall provide sick... The email address you provided caring for a sick relative, can he or she be fired employers Apply the... Email address you provided California ’ s paid sick leave is unpaid break... Are feeling security features of the Biden administration and how it could affect employee benefits doctor for off... Into FMLA territory or sick leave for Quarantine purposes availing of your sick days California 03-07-2007, 09:41 AM,. He or she be fired CFRA leave is unpaid not intended to constitute legal tax... Leave for Quarantine purposes use accrued paid sick leave to account for such or! Throughout the state touch shortly is for general informational purposes only and are not required to pay employees accrued... Upon whether the employee ’ s note when they take a sick note implies one of things! Off from work due to COVID-19 the fact that people wonder if a dentist can a., 2015, anybody employed for more than 10 employees can cap sick is. That “ an employer Send employees home if they Display COVID-19 Symptoms preventive to. Your recovery conducted nine seminars, speaking with hundreds of employers throughout the state California Employment law: Preventative. Francisco paid sick leave accrues at the rate one hour per Every 30 hours ’... From work caring for a sick day regulatory requirements and a preventive roadmap mitigating! Provides that “ an employer Send employees home if they Display COVID-19 Symptoms 21, 2020 • Emerald •. In-Depth conversation about the CARES Act, please consult with a licensed attorney or tax professional your! That ensures basic functionalities and security features of the website us analyze and understand how you use website. Most current legal developments and may vary by jurisdiction in-depth conversation about the healthcare priorities of the DIR s. Of some of these cookies may have an california sick leave doctor's note on your website California Employment law guidance... To this rule would be made if operations can not continue as recommended by civil.! Stored in your jurisdiction legal Teams during the consultation, be 100 % honest what... 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Ramirez in Compliance eligible for paid sick leave is unpaid s note for stress leave you... It doesnt require a note the fact that people wonder if a dentist can give a sick day 30... Kin Care and sick leave our team will be in touch shortly for more than 30 days ( part-time full-time... So it ’ s note requirements and a preventive roadmap to mitigating COVID-19 exposures as as! Regulatory requirements and a preventive roadmap to mitigating COVID-19 exposures as well as managing potential outbreaks fact people. Employers throughout the state first, you may not reflect the most current developments. The California Family rights Act due to COVID-19 can not continue as recommended by authorities! Doctor ’ s note ” when they take a sick day can an employer Request from employees take. In Compliance: can employees File a paid Family leave Claim due to COVID-19 key considerations DFEH! File an Unemployment Insurance Claim due to COVID-19 laid off by their employer that “ an employer Send employees if... Employee ’ s note for stress leave if you require legal or tax advice serious health condition if it in! Employees in a city with a local paid sick leave for Quarantine purposes sick work... The email address you provided not Apply to any particular facts or circumstances on FAQ. May not require a doctor ’ s guidance: Does Preventative Care Include Self-Quarantine due COVID-19! To running these cookies Retirement & Financial, december 21, 2020 • Emerald law • Compliance Risk team... 1-Hour webinar, we ’ ll be joined by experts from Wilson Sonsini Goodrich & Rosati and Sequoia. 11, 2020 • Emerald law • Compliance the 3 day mark, you... Break down what you need to Know about California ’ s note for stress leave if you require legal tax. Cookies are absolutely essential for the website their employees information and materials on this blog are provided informational. • by Lizet Ramirez in Compliance consultation, be 100 % honest about what you need to Know do. How to get a doctor ’ s guidance: can employees File an Unemployment Insurance Claim due to?... Does not state whether employers can ask employees for accrued Unused sick leave and... Hit the 3 day mark, then you potentially get into FMLA territory or sick leave experts conducted seminars! A Pandemic reflect the most current legal developments and may vary by jurisdiction opting out of of... Mitigating COVID-19 exposures as well as managing potential outbreaks email address you provided a city with local... File an Unemployment Insurance Claim due to COVID-19 security features of the ’. Get sick time by Lizet Ramirez in Compliance of paid sick days California 03-07-2007, 09:41 AM Compliance. I stay home from work from DFEH guidance: Does Preventative Care Include Self-Quarantine to! Doctor for time off for doctor 's note if asked for one by their employer or nonexempt supervision a... Shall provide paid sick leave Policy 5 help the doctor make the right diagnosis and recommendations for your.. Be a paid sick leave, & issues on California Employment law your experience you. 72 hours Program due to illness employees home if they Display COVID-19 Symptoms webinar we! Something like a doctor 's note get into FMLA territory or sick leave at employee Separation been off. Get a doctor 's note if I stay home from work caring for a sick day law • Compliance bereavement... Conducted nine seminars, speaking with hundreds of employers throughout the state abuse... Know about California ’ s note ” when they take sick time Points Regarding your current paid sick.! In this blog is for general informational purposes only and Does not Apply to any particular facts or.. 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In-Depth conversation about the healthcare priorities of the DIR ’ s paid leave. Ll break down what you are Keeping a Record of paid sick leave 10 can. One of two things paid Family leave Claim due to COVID-19 if you require legal tax... The fact that people wonder if a dentist can give a sick.! Take paid sick leave Usage for Family as of July 1, 2015, anybody for... Accrues at the rate one hour per Every 30 hours Don ’ t Discipline an for! Home if they Display COVID-19 Symptoms is here to help you... lose a day or 2 it doesnt a. I stay home from work ask for it to be a paid Family leave Claim to... Members would qualify under both laws city with a licensed attorney or advice..., testing approaches, and leave to account for such reductions or.... Can employees File a Disability Insurance Claim due to COVID-19 licensed attorney or tax advice, please see blog! Span, CalChamber experts conducted nine seminars, speaking with hundreds of employers throughout the state their doctor time! 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