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Entries in sick time (7)

Monday
Sep152014

Paid Sick Leave Now Required by Law

Lawyer for EmployerWage and Hour Defense

by Nicole Kamm

818.907.3235

On Wednesday, Sept. 10th, Governor Jerry Brown signed the paid sick leave bill (Assembly Bill 1522) into law. This means that, effective July 1, 2015, California employers, regardless of size, must provide most employees paid sick leave. Eligible employees will be entitled to at least three paid sick leave days per year.

California Employment LawCalifornia is the second state to enact such a law (Connecticut was the first), but AB 1522 – the Healthy Workplaces, Healthy Families Act 2014 – is even more expansive, according to the bill's author, Lorena Gonzalez (D-San Diego):

We become the first state in the nation to guarantee paid sick days for every single private-sector worker in the state — no matter what industry they work in, no matter if they are part-time or seasonal, and regardless of the size of their employer…This means more than 6.5 million more workers in this state will be able to take up to three days off when they or their child is sick without fearing the loss of income, hours or their job.

Paid Sick Days – Employer Responsibilities

Employees who work 30 or more days in a year are now entitled to one hour of paid sick leave for every 30 hours worked. (Employers in San Francisco and San Diego may have to award more days, under certain city ordinances.) Employers may cap annual sick leave use at three days (24 hours) per year; however unused, accrued sick leave must roll over from year to year. The rollover may be capped at six days (48 hours).

Employees may use accrued sick days as of the 90th day of their employment, after which time employees may use paid sick days as they are accrued.

Employers will be able to set a minimum increment for use of sick leave, however the minimum increment cannot be greater than two hours (e.g., employers may not require employees take sick leave in increments of four hours or more).

Employees will not be entitled to pay for unused sick leave on separation of employment. However, a separated employee who is rehired within one year from the date of separation will be entitled to have any accrued, unused sick days reinstated.

Employees will be able to use sick leave for their own illness or preventive care, to care for a sick family member, and/or to recover from certain crimes.

Employers are required to provide written statements of accrued, available sick time on the employee's pay stub, or on a separate written statement provided at the same time as wages. Pursuant to the new law, records documenting hours worked and sick days accrued or used, must be maintained for at least three years; however, we generally recommend employers maintain employment records for at least four years.

Employers will be required to post a paid sick leave poster, to be prepared by the Labor Commissioner. The Labor Commissioner will also issue a revised Wage Theft Notice (Labor Code §2810.5) for all non-exempt employees, which will include information about paid sick leave.

The new law prohibits retaliation against an employee for using sick leave and establishes a rebuttable presumption of retaliation if adverse action is taken against an employee within 30 days of the filing of a complaint with the Labor Commissioner, cooperation with an investigation, or opposition by an employee to a policy, practice or prohibited by this bill.

Employer Take Away

Employers who already provide paid sick leave should review their policies in view of these new requirements to ensure compliance. And employers who currently do not provide paid sick leave will need to review the new law and implement a compliant sick leave policy. Please let us know how we can help you with this process.

Nicole Kamm is an attorney focused on protecting and defending employers.  Contact her via email: nkamm@lewitthackman.com, or via phone: 818.907.3235 for more information regarding sick leave.

Disclaimer:
This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only, to provide general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for obtaining legal advice from a licensed professional attorney in your state.

Thursday
Sep042014

Employers: Governor Expected to Sign Off on Paid Sick Time for Most Employees

Wage and Hour DefenseEmployee Leave of Absence Claim Defense

by Sue M. Bendavid

818.907.3220

 

California lawmakers voted 52-25 to pass Assembly Bill 1522. Written by Lorena Gonzalez (D-San Diego), the bill would entitle most employees in California three days of paid sick leave to care for themselves, or for a family member. Governor Jerry Brown will more than likely sign the bill, given his official statement:

Tonight, the Legislature took historic action to help hardworking Californians. This bill guarantees that millions of workers – from Eureka to San Diego – won't lose their jobs or pay just because they get sick.

Wage and Hour Law: Sick Time

If or when Governor Brown does sign, the new law enacts the Healthy Workplaces, Healthy Families Act, and will go into effect on July 1, 2015. Here's how it will affect California employers:

  1. Employees who work 30 or more days within a year (part-time employees are also covered) of commencement of employment is entitled to one hour of paid sick time for every 30 hours worked.

  2. Employees will accrue this time beginning on the 90th day of employment.

  3. Employers can minimize paid sick time to 24 hours (or three days) per year.

  4. Employers cannot retaliate against employees who request paid sick days.

  5. Employers must post notices regarding this change in Labor Code.

 

Given that many employers already provide paid sick time, most will just have to post the appropriate notices and update their employee handbooks. But, for those employers who did not provide paid sick leave, this law represents a substantial change. If signed into law, California will be one of the first states to pass a paid sick leave law (Connecticut already has such a law).

The soon-to-be law would exclude some employees (e.g., employees covered under certain collective bargaining agreements). But it will affect restaurants, retailers and other businesses, including those that tend to hire more part-time employees.

Supporters for AB 1522 say about 40 percent of employees in California do not currently earn paid sick leave.

Sue M. Bendavid is the Chair of our Employment Practice Group. Contact her via email: sbendavid@lewitthackman.com or via telephone: 818.907.3220. 

 

 

Disclaimer:
This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only, to provide general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for obtaining legal advice from a licensed professional attorney in your state.

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