Legal Alerts Jun 30, 2015

New Sick Leave Law Goes Into Effect July 1. Is Your Business Ready?

BB&K Offering Flat Rate Service to Update Sick Leave Policy

New Sick Leave Law Goes Into Effect July 1. Is Your Business Ready?

On July 1, the Healthy Workplaces, Healthy Families Act (AB 1522) officially goes into effect, requiring all California employers to provide almost all employees (including full-time, part-time, per diem and temporary employees) with paid sick leave. Best Best & Krieger’s Labor and Employment attorneys are offering a flat rate service to provide employers with compliant sick leave policies. If a particular employer’s needs are too complex to qualify for the flat rate, BB&K attorneys will be available to consult and provide a more customized policy. 

AB 1522 allows employers to choose between an accrual or lump sum method for providing paid sick leave. The accrual method requires that employees can accrue sick days at a rate of no less than one hour for every 30 hours worked. If this method is used, employees may carry over unused sick leave to the next calendar year, but employers can cap accrual at 48 hours (or six days) per year. Conversely, the lump sum method requires an employer to provide a minimum of three full days of sick leave as of the first day of each year but does not include the carry-over requirement.

Under either method, employees must be permitted to use at least 24 hours or three sick days per year, unless the employee has not worked in California for at least 30 days. Notably, employers who already have a paid leave or paid time off policy need not provide any additional sick leave days under this new law, as long as their existing policy provides a sufficient amount of leave that may be used for the same purposes and under the same conditions as specified in AB 1522.   

Other Employer Requirements
In order to be in compliance with the new law, employers must:

  • Allow eligible employees to use accrued paid sick leave upon reasonable request.
  • Permit sick leave to be used to address the employees’ own health concerns, or those of a family member or for other specified purposes.
  • Show how many days of sick leave an employee has available. This must be on a pay stub or a written document issued the same day as a paycheck.
  • Keep records showing how many hours have been earned and used for three years.
  • Provide formal notice and place conspicuous signs summarizing the requirements of the law. 

If you have questions about this new law or would like to request review of your sick leave policy, contact the attorney author listed to the right in the Labor and Employment practice group or your BB&K attorney.

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Disclaimer: BB&K legal alerts are not intended as legal advice. Additional facts or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information in this communiqué.

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