Effective July 1, 2015, California employers must provide employees who work 30 or more days in a year at least 3 days of paid sick leave per year under the Healthy Workplaces, Healthy Families Act of 2014. Employees may use the sick leave after 90 days of employment to take care of themselves or family members and if they are a victim of domestic assault, sexual violence or stalking. Employees accrue paid sick time at a rate of at least one hour for every 30 hours worked, beginning on their first day of employment and are permitted to carry over unused; accrued sick days to the next year, up to a permissible accrual cap of 48 hours. Employers who already have paid time off policies that meet the requirements of the new sick leave law need not provide additional specific sick time and can prohibit employees from using more than 24 hours of sick time per year, even if they have accrued more time. Accrued paid sick time need not be paid out upon termination of employment, although it must be restored to the employee if he or she is re-hired within twelve months. The law does not apply to employees covered by collective bargaining agreement, providers of in-home supportive services and air carrier employees subject to the federal Railway Labor Act. Additionally, employers will be required to:
- Display a poster in each of their work locations.
- Notify new hires of their paid sick leave entitlement and the right to file a complaint.
- Provide written notice to an employee of their available amount of paid sick leave or PTO.
- Maintain records of hours worked and paid sick days accrued and used by an employee for three years and provide them upon employee request.
- Employers may not deny usage, discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using or attempting to use accrued sick days.
An employer may be charged with an adverse employment action within 30 days of an employee: (1) filing a complaint with the Labor Commissioner or in court alleging violations of the new law; (2) cooperating with an investigation or prosecution of an alleged violation of the new law; or (3) opposing a policy, practice, or act that is prohibited by the new law. More information on the new California sick leave law can be obtained at http://bit.ly/1sPyS89.
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