New Employee Sick Leave State Mandate

Effective July 1, 2015 California companies must guarantee at least some annual paid sick leave for most full and part-time employees. The bill, entitled the “Healthy Workplaces, Healthy Families Act,” (AB 1522, Gonzales, D-San Diego) was signed into law by Governor Brown on September 10.
The law requires:
• All public and private employers (no size exemption) to provide employees who work 30 or more days within a year after their hire date with sick leave “at the rate of not less than one hour per every 30 hours worked.”
• Employees would be entitled to use paid sick time for preventive care for themselves or a family member, as well as for the diagnosis, care, or treatment of their or their family member’s existing health condition. For purposes of this bill, “family member” means a (1) child, (2) parent, (3) spouse, (4) registered domestic partner, (5) grandparent or employee who is a victim of domestic violence, sexual assault, or stalking.
• Salaried, exempt employees are deemed to work a 40 hour workweek.
• Exemptions provided for employees with certain collective bargaining agreements, some construction industry workers, home healthcare workers, and certain airline employees covered by the federal Railway Labor Act.
• Requires employers to carry over unused sick leave from year to year; employer may limit employees’ total use of paid sick leave to 24 hours or three days per year No obligation to allow any accruals to exceed 48 hours or 6 days
• Mandates that employers provide written notice of available sick leave on the itemized wage statement already required or in a separate notice each pay period.
• Employer is not required to provide paid sick leave in addition to existing paid leave policies if existing policies provide at least the same benefits.
• Employer notice will be required with posting to be developed by the Department of Industrial Relations.