The California Healthy Workplace Healthy Family Act of 2014 requires all employers of any size, public and private to provide paid sick leave to all of its employees, with minor exceptions. The law became effective on January 1, 2015, requiring employers to post the Labor Commissioner’s poster, and to serve their employees with this Notice (Labor Code Section 2801.5) advising them of their rights under then new law.
Employees will accrue sick time of one hour per every 30 hours worked, yet may use only 3 days or 24 hours per year. The accrued hours will carry over from year to year. An employer may cap the accrual amount and limit the accrual to 6 days or 48 hours. An employee must work a minimum of 30 days within a year of commencing employment to be eligible to use the paid sick leave. And an employee may be required to work 90 days before sick leave may be used in the first year of employment.
The law includes anti-retaliation provisions to protect employees who file a complaint, participate in an investigation, or opposing any employer’s unlawful practices relating to paid sick leave.
Possible remedies for violations of this act include, payment of any withheld sick leave pay (up to 3x), penalties, interest, attorneys’ fees, reinstatement, and back pay. Employers should revise any company policies within the Employee Handbooks, payroll records, and written company policies to ensure that their current policies comply with this new law.
Skanadore Reisdorph Law Office consults with employers about employment policies and practices. Feel free to inquire by an email or telephone call to Deborah’s attention. 714-375-1529 or firstname.lastname@example.org