Starting July 1, 2015, most employees in California will begin accruing paid sick leave under the state’s new paid sick leave law, which went into effect January 1. The new law applies to full-time, part-time, per diem and temporary employees who work at least 30 days within a year in California. Exceptions are certain home care providers and employees covered by collective bargaining agreements. As a reminder, here are some highlights of the new law:
- As of July 1, qualifying employees must accrue at least one hour of paid leave for every 30 hours worked
- Employees may use accrued sick leave after they’ve been employed for at least 90 days
- Employers can limit to 24 hours (3 days) the amount of paid sick leave employees can take in one year
- Employees may take paid sick leave for preventative care or care of an existing health issue for themselves or a family member, or for specified purposes if they are a victim of domestic violence, sexual assault or stalking
- For partial days, employers may require an employee to take at least two hours of leave, but otherwise the amount of time needed is left to the employee (based on accrual balance)
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 and maintain those records for at least 3 years
- Refrain from retaliation or discrimination against an employee who requests or uses paid sick days
It’s important for you to know, as an employer, that in addition to the California law, two cities in the state – Oakland and San Francisco also have laws regarding paid sick leave. San Francisco’s law has been in effect since 2007 and Oakland’s law went into effect in March of this year. San Diego also has a paid sick leave ordinance, which has been placed on referendum to be decided by city voters in June, 2016.
If you have employees who work in any of those cities, be sure you check the requirements of the local ordinances. If those requirements are more generous than the state law, you need to adhere to the city requirements for employees working in that city. Click here for a table comparing the state and city requirements.
Please contact me if you need help ensuring that your Employee Handbook is up to date to reflect compliance with state and local laws.
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