You Get Sick Leave, I Get Sick Leave, Everyone Gets Sick Leave in California

By Nicole Davis Tinkham, Esq. of Collins, Collins Muir + Stewart LLP
 
 
On July 1, 2015, California becomes the second state in the nation to guarantee paid sick leave for nearly all employees. The new law will be known as the Healthy Workplaces, Healthy Families Act of 2014. This law will require all employers, with very few exceptions, to update their handbooks and institute a new record-keeping policy for their employees.
 
The new law generally requires the following:
  Any employee who works in California for 30 or more days within the year of the commencement of his or her employment is entitled to sick leave.   Sick leave begins to accrue at the start of employment at a rate of one hour per every 30 hours worked.   The employee can begin using the accrued sick leave beginning on the 90th day of employment. Accrued sick leave shall carry over to the following year of employment. Employers may cap the amount of sick leave accrued to 24 hours or 3 days per year of employment. Another option does not require the carry-over of sick leave, but the employer must allow for accrual of all the sick leave at the beginning of the year. 
  1. Employees can lend each other their sick leave.
  2. Employers can set a minimum sick-leave time, which cannot be greater than 2 hours.
  3. The sick leave can be used for the illness of the employee or their family member.
  4. A poster outlining the new law shall be posted at the place of employment and written notice must be provided to new employees when hired.
  5. The employer must keep records for 3 years that document the hours worked and the sick days accrued/used by the employee.
All employers need to begin preparing themselves to meet the demands of this new law. The failure to adhere to this law carries with it the potential for both Labor Commissioner and Attorney General enforcement and hefty penalties. While the list above already seems long, it is not all-inclusive.
 
For additional information, contact Nicole at ndavis@ccmslaw.com or (626) 243-1100.
 
 
 
 
 
 
       

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