Description
California’s paid sick leave law was changed on January 1, 2024 by SB 616. As a result, all California employers must revise their policies and practices to increase their sick pay and comply with new rules. The state rules must be administered in tandem with California’s other laws, including the “kin-care” standards and leave of absence laws governing pregnancy disability leaves and family and medical leaves.
The new California sick pay laws are examined in the updated edition of Attorney Richard J. Simmons’ publication, California’s Sick Pay Obligations – The Healthy Workplaces, Healthy Families Act. The book discusses the increases in paid sick leave and other obligations enacted by SB 616. It also includes a new sample sick pay policy and numerous helpful appendices and tools.
The amendments include new benefit increases, employee notices, sick pay accrual standards, cap and carryover requirements. Benefits must be provided 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.
The 2024 edition provides a sample accrual-based sick pay policy. Some of the topics covered include:
- 2024 Legislative Changes
- Increases In Sick Leave Benefits
- Common Problems Associated With Paying Sick Leave At The Correct Rate Of Pay
- Purposes For Which Supplemental Paid Sick Leave Is Available
- New Notice Rules
- Use Of PTO Programs
- Employer Coverage
- Eligibility Rules
- The Need To Update Paid Sick Leave Policies
- Qualifying Events
- New Exemptions
- The Healthy Workplaces, Healthy Families Act
- Sick Pay Accrual Rates
- Effect On Existing Sick Pay And Paid Time Off Policies
- New Rules Regarding Minimum Caps And Carryovers
- Presumption Of Retaliation Based On Timing Of Adverse Action
- Protected “Leave” Rules
- New Rules Entitling Employees To Designate Purpose Of Time Off
- Use Of Paid Sick Leave In Minimum Increments
- DLSE FAQs And Opinions
- Kin-Care Changes
- Calculation Of Sick Pay For Employees Paid Multiple Pay Rates
- Obligations To Employees Who Quit Or Are Fired
- Effect Of Rehire
- Advances Of Sick Pay
- When Sick Leave Must Be Paid
- Distinctions Between Accrual, Cap, Carryover & Use Concepts
- Notification Obligations
- Reasons For Paid Leave
- New Provisions For Union Employees
- New Definition Of “Qualified Family Members”
- Rules On Termination And Rehire
- Enforcement Provisions
- Employee Notice Rules
- New Posting Requirements And Poster
- Wage Theft Protection Rules
- Useful Appendices
- Need To Update Employee Handbooks And Policies For 2024
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 2024 Amendments To The Law
1.6 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 Sick Pay Accrual Policies
2.6 Sick Leave Caps And Carryovers
2.7 90-Day Waiting Period
2.8 Front Loaded/Up-Front Policies
2.9 The DLSE’s View Of The Greater Of Five-Days Or 40-Hour Standard
2.10 Use Of Paid Sick Leave For Missed Work
2.11 Calculating The 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 Obligation To Honor Employee’s Request
2.18 Inquiries About Purpose For Which Sick Leave Is Used
2.19 Paid Time Off Plans
2.20 Qualified Family Members And Designated Persons
2.21 Use In Minimum Increments
2.22 Ability To Maintain More Generous Policies
2.23 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 COVID-19 Supplemental Paid Sick Leave
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: CALIFORNIA 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 SB 616 – 2024 AMENDMENTS TO THE HEALTHY
WORKPLACES, HEALTHY FAMILIES ACT OF 2014
APPENDIX H DLSE’S CALIFORNIA PAID SICK LEAVE: FREQUENTLY
ASKED QUESTIONS (DECEMBER 21, 2023)
APPENDIX I DLSE’S FREQUENTLY ASKED QUESTIONS
APPENDIX J DLSE’S UPDATED FREQUENTLY ASKED QUESTIONS (MARCH 29, 2017)
APPENDIX K AB 1522 – ASSEMBLY BILL ANALYSIS
APPENDIX L AB 1522 – SENATE RULES COMMITTEE BILL ANALYSIS
APPENDIX M DIVISION OF LABOR STANDARDS ENFORCEMENT LETTER DATED JULY 21, 2017
APPENDIX N DIVISION OF LABOR STANDARDS ENFORCEMENT LETTER DATED OCTOBER 11, 2016
APPENDIX O DIVISION OF LABOR STANDARDS ENFORCEMENT LETTER DATED AUGUST 7, 2015
APPENDIX P SAN FRANCISCO PAID SICK LEAVE ORDINANCE – NOTICE
APPENDIX Q SAN FRANCISCO PAID SICK LEAVE ORDINANCE – FREQUENTLY ASKED QUESTIONS
APPENDIX R AB 1867 – COVID-19 SUPPLEMENTAL PAID SICK LEAVE
APPENDIX S DIR FAQs ON COVID-19 SUPPLEMENTAL PAID SICK LEAVE
APPENDIX T DEPARTMENT OF INDUSTRIAL RELATIONS SIDE BY SIDE COMPARISON OF PAID LEAVE OPTIONS
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.
