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Legally, you do not have to pay employees if they request time off for training or study that isn't required for them to carry out their job.
Legally, you do not have to pay employees if they request time off for training or study that isn't required for them to carry out their job.
California law requires all employers of 5 or more employees to provide 1 hour of sexual harassment and abusive conduct prevention training to nonsupervisory employees and 2 hours of sexual harassment and abusive conduct prevention training to supervisors and managers once every two years.
CA Employees Are Guaranteed Pay for Mandatory Time Whether training counts as compensable work time turns on whether the training is mandatory. California law dictates that whenever an employee is required to be somewhere for work, they must be compensated.
In other words: this is highly illegal. According to California employment law, all time your employer requires you to spend on the job, even if you are not yet being productive absolutely must be paid. Otherwise, your employer is stealing your time and refusing to compensate.
Today, employers have the technological means, and occasionally the inclination, to find out what workers are doing on their own time. However, their right to monitor what you do off the joband make decisions based on that conductis limited.
Your employer can generally decide whether to offer training and, if they do offer it, who needs it. But if they do offer opportunities for training or development, they must do this without unlawful discrimination.
Can an employee request training? Under the Employment Rights Act 1996, an employee has a statutory right to request time away from work to undertake study or training. However, this right will only apply to employees who have worked for you for at least 26 weeks and where your organisation has more than 250 staff.
Employers must act reasonably where employees either resist or refuse training. Before dismissing an employee for any failure to follow a training instruction, you must ensure that the instruction was reasonable, and the refusal unreasonable, in all the circumstances.