Healthy Workplaces/Healthy Families Act of 2014 – California’s New Mandatory Paid Sick Leave Law (Effective Date: July 1, 2015)

APRIL 23, 2015
• Employers of any size must provide paid sick leave to all employees who work in California for 30 or more days within a year.  This includes full time, part time, and temporary employees.
 • Paid sick leave accrues at the minimum rate of one hour per every 30 hours worked, paid at the employee’s regular wage rate.  That equates to approximately 5.3 hours per month (or 63.6 hours per year) for employees who work 40 hours a week. 
 • Accrued paid sick leave shall carry over to the following year of employment and may be capped at 48 hours or 6 days.  “Use it or lose it” paid sick leave will no longer be legal.
 • Employees may begin using accrued paid sick days no later than the 90th day of employment.
 • Paid sick leave may be used by an employee for the diagnosis, care or treatment of the employee’s or his or her family member’s existing health condition or preventive care, or in relation to domestic violence, sexual assault, or stalking.
 • Employers may limit the use of paid sick leave to 24 hours in each year of employment.  Employees must use a minimum of 2 hours of sick leave each time sick leave is used. 
 • Accrued but unused paid sick time need not be paid to employees upon separation of employment (this is continued from the prior law). However, if employees are rehired within one year, previously unused paid sick time must be reinstated.
 • Employees must be provided with a written notice that sets forth the amount of paid sick leave available on either itemized wage statements, or in a separate writing provided on payday.  The Employer shall maintain at least three years of records documenting the hours worked and paid sick days accrued and used by employees. 
–Adam K. Treiger