

As of July 1, 2015, virtually all California employers will be
required to provide at least 3 days or 24 hours of paid sick leave annually to
each of their employees. California is the second state to mandate paid sick
leave for employees, following Connecticut.
Who is covered? All employers,
regardless of number of employees, and all employees, whether part-time,
full-time, exempt, non-exempt, or seasonal, are covered if they work at least
30 hours in a year for the employer.
Some in-home support service providers are exempt, as are some employees
covered by collective bargaining agreements.
What does it include? “Sick leave” includes time off work for (1) the
diagnosis, care or treatment of an employee’s own health condition or
preventive care, (2) an employee’s absence due to being a victim of domestic
assault, sexual violence and/or stalking and (3) the diagnosis, care or
treatment of a health condition or preventive care of an employee’s child (no
limitations on age or dependency), spouse, parent, registered domestic partner,
grandparent, grandchild or sibling.
How is it accrued? Employees accrue
1 hour of paid sick leave for every 30 hours worked. They must be allowed to use the sick leave in
increments of no less than 2 hours. They
cannot be required to use more than 2
hours at one time. Employers may “cap”
the annual use at 3 days or 24 hours per year.
When can it be used? An
employee must be allowed to use accrued sick leave beginning on the 90th
day of employment and whenever necessary thereafter. There are anti-retaliation provisions in the
law. Requiring an employee to find a replacement
worker is unlawful.
How is it paid? Employees must be
paid sick leave in the pay period it is used.
It must be paid at the employee’s normal rate of pay.
Does it carry over to the next year? Although employers may limit the annual use of
sick leave to 3 days or 24 hours, they must allow employees to accrue and bank
up to a maximum of 6 days or 48 hours of paid sick leave. There is an exception if the employer opts to
provide 3 days of paid sick leave at the beginning of each calendar or anniversary
year.
As would be expected, there are notice, record-keeping and posting
requirements in the law, and regulations will be coming out. Watch this space for developments.
Posted by: Sarah Mott
Posted by: Sarah Mott
