Though employees are not entitled to take the paid sick leave provided under Assembly Bill 1522 – the Healthy Workplaces, Healthy Families Act of 2014 ("the Act") – until July 1, 2015, employers should take steps now to be prepared to comply by providing paid sick leave to employees who have worked in California for 30 or more days within one year from the commencement of employment, with certain exceptions noted below. Under the Act, the qualifying period that determines which employees are eligible for paid sick leave is counted starting on January 1, 2015, and employers must immediately start using the new version of the employee notice required by Labor Code 2810.5 (aka the "Wage Theft Prevention Act Notice"). Also, employers must immediately display the poster published by the California Division of Labor Standards Enforcement where it can easily be seen by employees. Employers should also work with their paycheck providers or update their own pay stub templates in order to reflect how many days of sick leave an employee has available. If this information is not provided on a pay stub, it must be provided on a separate document that is issued the same day as a paycheck.

Amount of Sick Leave Required

The Act permits employers to limit the use of paid sick days to 24 hours or three days in each year of employment; however, employers must allow accrued unused days to carry over to the next year. Employers may limit accrual of paid sick days to 48 hours or six days. There is no accrual or carryover required if the full amount of leave is granted at the beginning of each calendar year.

The Act does not require employers to treat sick pay like California treats vested vacation. Employers are not required to pay employees for accrued, unpaid sick days upon termination. However, an employer must reinstate unused sick days for an employee who is rehired within one year of termination.

Qualifying Reasons for Use

Upon an employee's written or oral request, employers must provide paid sick days for (1) the employee or employee's family member's diagnosis, care (including preventive care), or treatment of an existing serious health condition; and (2) an employee who is a victim of domestic violence, sexual assault, or stalking. The Act defines "family member" as a child, parent, spouse, registered domestic partner, grandparent, or sibling.

Exceptions

The Act does not require an employer to provide additional paid sick days if (1) the employer has an existing paid leave or paid time off policy; (2) the employer makes the paid leave available under the same conditions as stated in the new law; and (3) the existing policy either (a) satisfies the accrual carryover and use requirements, or (b) provides for at least 24 hours or three days of paid sick leave per 12 months of employment or calendar year. However, an employer with adequate preexisting policies must still comply with the Act's other obligations, such as notice, posting, and recordkeeping requirements.

The Act does not apply to employees whose employment is governed by a valid collective bargaining agreement that provides for the payment of wages, hours of work, working conditions, premium overtime, regular hourly rate of pay not less than 30 percent greater than the state minimum wage, paid sick or similar leave, and final and binding arbitration of disputes regarding the paid sick days provision.

Also exempt are construction employees covered by collective bargaining agreements with specified provisions, in-home supportive service providers, and certain air carrier and flight personnel.

No Adverse Action

The Act prohibits employers from denying employees the right to use accrued sick days, and from discriminating or retaliating against an employee who uses or attempts to use paid sick days, who files a complaint with the Labor Commissioner, who alleges a violation of the Act, who participates in an investigation under the Act, or who opposes any policy or practice prohibited by the Act. In addition, the Act creates a rebuttable presumption of unlawful retaliation if an employer takes adverse action (including denying the use of sick days) against an employee within 30 days of the employee filing a complaint, cooperating in an investigation, or opposing a practice prohibited by the Act.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.