California employers will have to provide paid sick leave to employees under a new statute signed by Gov. Jerry Brown. The bill, California Assembly Bill (AB) 1522 “Healthy Workplaces, Healthy Families Act of 2014” will go into effect July 1, 2015. California is the 2nd state in the nation, following Connecticut in implementing state-wide paid sick leave benefits for employees.
Beginning July 1, 2015 employers are required to begin accruing sick leave at a rate of “not less than one hour per every 30 hours worked.” up to a maximum of three days (24 hours) of paid sick leave per year. Sick leave is paid at the employee’s hourly wage. Employees are entitled to use their accrued sick leave starting the 90th day of employment, after the 90th day employees can use the sick leave as it is accrued. Employers are prohibited from discriminating or retaliating against employees who request to use their accrued sick leave, and cannot have any condition where an employee must find a replacement worker to cover their shifts. Accrual of paid sick leave does not begin until July 1, 2015 or the employee’s date of hire, whichever is later.
Employers are not required to provide additional sick leave, if the employer has a paid leave policy or paid time off policy already in place, and the employer makes an amount available of leave that may be used for the same purposes of: satisfies the accrual requirements of HB 1522, and provides no less than 24 hours or paid sick leave per each year of employment.
California employers must follow notice and posting requirements including: at time of hire provide written notice to employees of right to paid sick leave; on paydays notify employees of current accrued sick leave available balance; and display a poster informing employees of their paid sick leave rights. The Labor Commissioner is responsible for creating said poster.
Employers must retain 3 years of records documenting the hours worked and paid sick days accrued and used by each employee, and make those records available to the Labor Commissioner. The California Labor Commissioner is in charge of enforcing and administering AB 1522.
Please contact StaffScapes with any questions or if you would like any additional information regarding the Healthy Workplaces, Healthy Families Act of 2014.