California’s Sick Pay Obligations – The Healthy Workplaces, Healthy Families Act (Nov 2020 Edition)

California’s Sick Pay Obligations – The Healthy Workplaces, Healthy Families Act (Nov 2020 Edition)

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Electronic $119.00
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Author: Richard J. Simmons
Publisher: Castle Publications
Edition: Seventh
ISBN: 9781940747705
Pages: Over 180

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Description

All California employers must revise their sick pay policies by January 1, 2021 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.

Now, new state rules allow employees rather than their employers to designate when and how paid sick leave will be used. Legislation that amends the sick leave features of the kin-care statute apply to all California employers in January 2021, regardless of their size. Other legislation, AB 1867, already took effect in September 2020, and imposes significant new supplemental paid sick leave obligations on employers who have 500 or more employees and other, smaller employers who fall within targeted groups.

The California sick pay laws enacted in 2020 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 AB 1867, 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:

  • 2020 Legislative Changes
  • New AB 2017 Rules That Govern Employers In 2021
  • COVID-19 Supplemental Paid Sick Leave Rules Now In Effect
  • New 1867 Requirements Applicable To Health Care Workers, Emergency Responders, And Large Employers
  • Purposes For Which Supplemental Paid Sick Leave Is Available
  • New Notices Rules In 2020
  • 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 2021
  • 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 2021

Additional information

Format

Both, Electronic, Print

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.

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