As of September 24, 2024, Governor Newsom has signed Senate Bill (SB) 1105, which expands existing paid sick leave provisions to allow agricultural employees to use paid sick leave for additional reasons.
These changes take effect on January 1, 2025.
SB 1105 supplements the Healthy Workplaces, Healthy Families Act of 2014 to require that employers provide paid sick days to agricultural employees who (i) work outside and (ii) request sick leave to avoid smoke, heat, or flooding conditions created by a local or state emergency, including sick days necessary for preventive care due to their work or such conditions.
SB 1105 defines "agricultural employee" as a person employed in any of the following:
- An agricultural occupation, as defined in Wage Order No. 14 of the Industrial Welfare Commission.
- An industry that prepares agricultural products for the market on the farm, as defined in Wage Order No. 13 of the Industrial Welfare Commission.
- An industry that handles products after harvest, as defined in Wage Order No. 8 of the Industrial Welfare Commission.
Current requirements of the Healthy Workplaces, Healthy Families Act remain in effect with the amendment outlined above. Existing law entitles an employee who works in California for the same employer for 30 or more days within one year from the commencement of employment to paid sick days for specified purposes upon the oral or written request of an employee. These specified purposes include the diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee's family member. Employers may not deny an employee the right to use accrued sick days or discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using or attempting to use accrued sick days. Lastly, existing law requires the Labor Commissioner to enforce the Act, including investigating an alleged violation, and authorizes the Labor Commissioner to order any appropriate relief, as specified, to an employee or other person whose rights under the Act were violated.
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