Century Update
Fourth Quarter 2014

California Governor Brown Signs Paid
Sick Leave Bill into Law - Effective July 1, 2015

On September 10, 2014 California Governor Brown signed the “Healthy Workplaces, Healthy Families Act of 2014 (AB 1522)” into law (the “Act”).  Under current state law, nothing requires employers to provide sick days. 

This new law entitles an employee who works in California on or after July 1, 2015, to 30 or more days from the commencement of their employment to:  (1) be paid for sick days for prescribed purposes, (2) accrue sick days at a rate of “no less than one hour for every 30 hours worked,” and (3) have the ability to use accrued sick days beginning on the 90th day of employment. 

The total number of accrued sick days an employee could potentially be entitled to take depends on the number of hours per week the employee is usually scheduled to work.

Paid sick days carry over to the following year of employment.  However, an employer is authorized under the Act to limit an employee’s use of paid sick days to 24 hours or 3 days in each year of employment, if the employer so chooses.

In summary, employers must:

  • Pay, as sick leave benefits, the employee’s regular wage at the rate the employee normally earns during regular work hours.
  • Pay sick leave benefits to employees no later than the payday for the payroll period following the time the sick leave was taken by the employee.
  • Provide written notice on pay dates to employees, setting forth the amount of sick leave benefits available to the employee. The notice may be given on the employee’s itemized wage statement or in a separate written document.
  • Provide paid sick days for the following purposes: (a) Diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee or an employee's family member, as defined; and (b) For an employee who is a victim of domestic violence, sexual assault or stalking, as specified.
  • Satisfy specific notice, posting, and recordkeeping requirements under the Act.
  • Not discriminate or retaliate against any employee who requests paid sick days.

However, an employer is not required to provide additional paid sick days if the employer has a paid leave policy or paid time off policy that complies with the requirements of the Act. 

The Act defines specific terms and contains a variety of exclusions, which should be reviewed by employers and their attorneys to ensure full compliance with the law.

Patricia Jeanne Howze, Esq.

Copyright ©2014 by Patricia Jeanne Howze. All rights reserved.
Reproduction of this publication by any means without the express written permission of Patricia Jeanne Howze is prohibited.
Century Update is provided quarterly to provide Clients with a review of recent employment law. It is not meant to be, and should not be considered legal advice.

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Patricia has been certified as an expert in Human Resources matters by courts in Northern California.  She has been engaged to review and analyze cases, offer opinions, write reports, and conduct research.
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When an employee complains that a supervisor, manager, or another employee has acted inappropriately, the company should respond immediately.  If the allegation involves sexual harassment or discrimination, an immediate and thorough investigation should be conducted.
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