Sick Leave Claims Before the Newest Category of Class Actions Spreads Governor Jerry Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014, making California the second state to require its employers to provide paid sick leave to employees. Under this new and complex law, which takes effect on July 1, 2015, most employers of employees who work in California for 30 or more days within a year from the start of their employment will be required to provide up to 24 hours or three days of paid sick leave per year to their employees. Employers in Long Beach, San Diego and San Francisco, which already have their own sick leave laws, will find it challenging to comply with their multiple obligations. The full text of the law can be found at http://www.leginfo.ca.gov/pub/13-14/ bill/asm/ab_1501-1550/ab_1522_ bill_20140904_enrolled.pdf. have even one California employee who includes domestics, part-time, temporary and seasonal employees who may not have been previously eligible for paid sick leave under an employer's policies. From Coverage? provide these sick leave benefits are: that provides for paid sick leave and has other required provisions; valid collective bargaining agreements; and crew member and are covered by the federal Railway Labor Act, provided they receive compensated time off. who work in California 30 or more days within a year from commencement of employment are entitled to paid sick days, to be accrued at a rate of no less than one hour for every 30 hours worked (inclusive of overtime). However, employees will not begin to accrue sick days until they have worked for 30 days from July 1, 2015 or from the commencement of hire, whichever is later. Exempt employees are deemed to work the lesser of 40 hours per workweek or the hours that reflect their normal workweek. Employers must allow employees to carry over all accrued, unused sick days to the following year of employment. However, employers may limit the use of paid sick leave to 24 hours, or three days, in each year of employment. Employers may cap the accrual rate to a maximum bank of 48 hours, or six days, of paid sick time. This limit appears intended to ensure the employee has aspects of employment law and employer relations. 1900 Avenue of the Stars, 21st Floor Los Angeles, California 90067 310.553.0687 Fax greenbergglusker.com |