California Employers to be Required to Provide Paid Sick Leave

Governor Jerry Brown is expected to sign into law shortly a bill requiring California employers to provide paid sick leave for all employees except those covered by collective bargaining agreements that already include paid sick leave, and providers of home healthcare services.  California is the second state to pass a sick leave law (Connecticut passed a similar law in 2011).

The law, which goes into effect July 1, 2015, applies to all employers, including government entities.  Starting that date, employers will be required to allow employees – both full-time and part-time – to accrue paid sick leave at a rate of one hour for every 30 hours worked, to a maximum of 6 days per year for full time employees and 3 days per year for part-time employees.

Employees may use accrued sick leave beginning on the 90^th day of their employment. Available sick leave may be used for the employee or a family member for care of an existing condition or preventative care.

The law also requires that employers:

• Display a poster with information regarding paid sick leave
• Notify employees in writing (e.g., on their paycheck) of the amount of sick leave available to them
• Maintain records for at least 3 years of hours worked, and paid sick leave accrued and taken by employees

Employers who unlawfully withhold paid sick leave from employees will be subject to penalties. Accrued but unused sick leave is not payable at the time of termination.

If you have an existing sick leave policy, review it prior to July 1, 2015, to ensure that it provides at least what will be mandated by the new law. If you do not have an existing policy, be sure you create one.

If you need help developing a new policy or haven’t reviewed your Employee Handbook recently, please contact me. Keeping your handbook up to date can prevent legal issues down the road.