Description
All California employers must revise their sick pay policies by January 1, 2023 to comply with new state rules. A few years back, California enacted the first state law requiring employers to provide paid sick leave. The new rules had to be administered in tandem with California’s other rules, including the “kin-care” standards and the state leave of absence laws governing pregnancy disability leaves and family and medical leaves. These rules were just the beginning.
The California sick pay laws enacted in 2023 are examined in the new edition of Attorney Richard Simmons’ publication, California’s Sick Pay Obligations – The Healthy Workplaces, Healthy Families Act. The new edition includes a detailed discussion of AB 2017 and SB 95, the “COVID-19 Supplemental Paid Sick Leave Act.” The publication reviews the obligations imposed on employers under California’s sick pay law and the amended version of the kin-care law.
Apart from the new rules, the Healthy Workplaces, Healthy Families Act requires virtually all California employers to provide paid sick leave that accrues at minimum rates. The law applies to employees who meet basic eligibility rules, including full-time, part-time, temporary and seasonal employees. Employers must also include additional information in their new-hire Wage Theft Prevention Act notices and comply with new posting, record-keeping, reporting and pay stub rules.
This publication provides a sample sick pay policy and addresses the following subjects, among others:
- 2023 Legislative Changes
- AB 2017 Rules That Govern Employers In 2021
- COVID-19 Supplemental Paid Sick Leave Rules
- 1867 Requirements Applicable To Health Care Workers, Emergency Responders, And Large Employers
- Purposes For Which Supplemental Paid Sick Leave Is Available
- New Notices Rules
- Employer Coverage
- Eligibility Rules
- Special Rules For Food Service Workers
- Qualifying Events
- Exemptions
- The Healthy Workplaces, Healthy Families Act
- Sick Pay Accrual Rates
- Effect On Existing Sick Pay And Paid Time Off Policies
- Sick Pay Caps And Carryovers
- Use Of Paid Sick Leave
- New Employee Designation Rules For 2023
- Use Of Paid Sick Leave In Minimum Increments
- Rules Against Retaliation
- DLSE FAQs And Opinions
- Kin-Care Changes
- Calculation Of Sick Pay For Employees Paid Multiple Pay Rates
- Sample Sick Pay Policy
- Obligations To Employees Who Quit Or Are Fired
- Effect Of Rehire
- Advances Of Sick Pay
- When Sick Leave Must Be Paid
- Notification Obligations
- Reasons For Paid Leave
- New Rules On Qualified Family Members
- Enforcement Provisions
- Useful Appendices
- Posting Obligations
- Need To Update Employee Handbooks And Policies For 2023
Table Of Contents
SECTION 1 OVERVIEW
1.1 The Healthy Workplaces, Healthy Families Act
1.2 Employer Obligations
1.3 Review Of Policies And Postings
1.4 2015 Amendments To The Law
1.5 Partial Checklist For Compliance
SECTION 2 GENERAL REQUIREMENTS
2.1 Covered Employers
2.2 Employee Exemptions
2.3 Waivers
2.4 Employee Eligibility Requirements
2.5 Paid Sick Day Accruals
2.6 Sick Leave Caps
2.7 90-Day Waiting Period
2.8 Front Loading
2.9 Alternative Workweek Schedules
2.10 Use Of Paid Sick Leave For Missed Work
2.11 Rate Of Pay
2.12 Termination Of Employment And Rehires
2.13 Lending Paid Sick Leave
2.14 Advance Notice By Employees
2.15 Payment Of Sick Days
2.16 Purposes For Taking Sick Days
2.17 Inquiries About Purpose
2.18 Qualified Family Members
2.19 Use In Minimum Increments
2.20 Ability To Maintain More Generous Policies
2.21 Local Sick Leave Laws
SECTION 3 PROHIBITION AGAINST RETALIATION
SECTION 4 NOTIFICATION AND RECORDKEEPING OBLIGATIONS
4.1 Pay Stubs And Notices
4.2 Posting
4.3 Recordkeeping Rules
4.4 Notification Obligation Under The Wage Theft Prevention Act
SECTION 5 ENFORCEMENT
5.1 Administrative Penalties
5.2 Civil Actions
5.3 Isolated, Unintentional And Inadvertent Mistakes
5.4 Privacy
SECTION 6 DLSE’S FREQUENTLY ASKED QUESTIONS
SECTION 7 KIN-CARE AND FAMILY LEAVE RULES
7.1 Overview Of Kin-Care Rules
7.2 New Parent Leave Act
SECTION 8 CALIFORNIA COVID-19 SUPPLEMENTAL PAID SICK LEAVE ACT
8.1 AB 1867’s 2020 Rules Govern Large Employers, Health Care Workers And Emergency Responders
8.2 Food Sector Workers
8.3 Non-Food Sector Workers
8.4 Eligibility For COVID-19 Supplemental Paid Sick Time – Qualifying Events
8.5 The Amount Of Available Paid Sick Time
8.6 The Availability Of Extra Sick Pay
8.7 The Paid Sick Leave Rate
8.8 Offsets For Other Paid Sick Leave
8.9 New Poster And Pay Stub Requirements
8.10 Hand Washing For Food Service Workers
APPENDIX A CHECKLIST FOR PAID SICK DAY POLICIES UNDER “HEALTHY WORKPLACES, HEALTHY FAMILIES ACT OF
2014”
APPENDIX B SAMPLE SICK PAY POLICY UNDER THE HEALTHY WORKPLACES, HEALTHY FAMILIES ACT OF 2014
APPENDIX C POSTER – HEALTHY WORKPLACES/HEALTHY FAMILIES ACT OF 2014 PAID SICK LEAVE
APPENDIX D WAGE THEFT PREVENTION ACT “NOTICE TO EMPLOYEE”
APPENDIX E AB 1522 – THE HEALTHY WORKPLACES, HEALTHY FAMILIES ACT OF 2014
APPENDIX F AB 304 – 2015 AMENDMENTS TO THE HEALTHY WORKPLACES, HEALTHY FAMILIES ACT OF 2014
APPENDIX G DLSE’S FREQUENTLY ASKED QUESTIONS
APPENDIX H DLSE’S UPDATED FREQUENTLY ASKED QUESTIONS (MARCH 29, 2017)
APPENDIX I AB 1522 – ASSEMBLY BILL ANALYSIS
APPENDIX J AB 1522 – SENATE RULES COMMITTEE BILL ANALYSIS
APPENDIX K DIVISION OF LABOR STANDARDS ENFORCEMENT LETTER DATED JULY 21, 2017
APPENDIX L DIVISION OF LABOR STANDARDS ENFORCEMENT LETTER DATED OCTOBER 11, 2016
APPENDIX M DIVISION OF LABOR STANDARDS ENFORCEMENT LETTER DATED AUGUST 7, 2015
APPENDIX N SAN FRANCISCO PAID SICK LEAVE ORDINANCE – NOTICE
APPENDIX O SAN FRANCISCO PAID SICK LEAVE ORDINANCE – FACT SHEET
APPENDIX P SAN FRANCISCO PAID SICK LEAVE ORDINANCE – FREQUENTLY ASKED QUESTIONS
APPENDIX Q AB 1867 – COVID-19 SUPPLEMENTAL PAID SICK LEAVE
APPENDIX R DIR FAQs ON COVID-19 SUPPLEMENTAL PAID SICK LEAVE
APPENDIX S DEPARTMENT OF INDUSTRIAL RELATIONS SIDE BY SIDE COMPARISON OF COVID-19 PAID LEAVE
APPENDIX T LABOR COMMISSIONER’S MODEL NOTICES FOR COVID-19 SUPPLEMENTAL PAID SICK LEAVE
About The Author
Richard J. Simmons is a Partner in the law firm of Sheppard, Mullin, Richter & Hampton LLP in Los Angeles. He represents employers in various employment law matters involving litigation throughout the country and general advice regarding state and federal wage and hour laws, employment discrimination, wrongful discharge, employee discipline and termination, employee benefits, affirmative action, union representation proceedings, and arbitrations. Mr. Simmons received his B.A., summa cum laude, from the University of Massachusetts, where he was a Commonwealth Scholar and graduated in the Phi Kappa Phi Honor Society. He received his J.D. from Berkeley Law at the University of California at Berkeley where he was the Editor-in-Chief of the Industrial Relations Law Journal, now the Berkeley Journal of Employment and Labor Law.
Mr. Simmons argued the only case before the California Supreme Court that produced a victory for employers and business in 2018. He was recently recognized as the Labor and Employment Attorney of the Year by the Los Angeles Business Journal and was inducted into the Employment Lawyers Hall of Fame. He has lectured nationally on wage and hour, employment discrimination, wrongful termination, and other employment and labor relations matters. He is a member of the National Advisory Board to the Berkeley Journal of Employment and Labor Law, published by Berkeley Law at the University of California at Berkeley. He was also appointed by the California Industrial Welfare Commission as a member of three Minimum Wage Boards for the State of California.
