As of July 1, 2015, Employers of employees who work primarily within the State of California, must provide paid sick leave. The law is called the Healthy Workplaces, Healthy Families Act of 2014. This law applies to most employees, regardless of the number of employees the business has, and includes part time workers, per diem and temporary employees. It applies to public and private employers.
The law does not affect employers who already provide paid sick leave, as long as those employers’ paid sick leave policies provide at least what the law requires.
The law applies to employees who work at least 30 days within a year.
From the beginning of employment or on July 1, 2015, if the workers are already employed, employees earn paid sick leave as follows:
At least 1 hour of paid sick leave for every 30 hours worked. Employers may cap accrued paid sick leave to 3 days per year or 24 hours.
For exempt (salaried) employees, they are deemed to work 40 hours per week for sick leave accrual purposes, unless their normal workweek schedule is less than 40 hours, in which case they will accrue paid sick leave based on their normal workweek.
Although the employee must work at least 30 days to earn sick leave, there is a probationary period of 90 days within which the employee may not use accrued paid sick leave (unless the employer includes the use before 90 days in their policy.) The employer may also lend paid sick leave to an employee in advance of accrual.
Accrued paid sick leave that is not used carries over to the next year, but the employer may cap the accrual the next year to 6 days or 48 hours.
Employers may not require that an employee identify a replacement worker to cover their work during the use of paid sick leave.
Employers are not required to pay the employee the value of unused paid sick leave upon termination of employment. (Earned and unused vacation or paid time off PTO if not just for sick leave, must be paid upon termination of employment.)
If an employee’s employment is terminated and the employee is reinstated within 12 months of termination, previously unused paid sick leave must be reinstated.
Importantly, employees may use their accrued paid sick leave for preventative care for themselves or a family member, as well as for the diagnosis, care, or treatment of their own or their family member’s existing health condition. For purposes of this law, “family member” means a child, [parent, spouse, registered domestic partner, grandparent, grandchild or sibling. It also includes paid sick leave for a victim of domestic violence, sexual assault or stalking.
The law requires that the employee provide reasonable advance notification if the need for paid sick leave is foreseeable. When it is not foreseeable, the employee must provide notice of the need for leave as soon as practicable.
Employers must provide written information of this law to new employees. The best way to do this is to provide each employee with an employee manual which includes the employer’s paid sick leave policy. Contact Law Office of Kristine S. Karila to discuss drafting or revising employee manuals. (949) 481-6909. The employer must also post in a conspicuous place at each workplace, a poster notifying employees of their right to paid sick leave.
Employers are required to identify on employee pay stubs, the amount of paid sick leave accrued by the employee.
It is unlawful for an employer to retaliate, harass or discriminate against an employee because she/he used or asked to use their accrued paid sick leave.
If paid sick leave is unlawfully withheld, employers may face a monetary penalty of up to $4,000 per employee.
Employers exempt from the new paid sick leave law include those with collective bargaining agreements (CBA) with certain provisions, publicly funded in home supportive or domestic help, employees of air carriers as flight deck or cabin crew if they receive compensated time off equal to or more than what is required in the new paid sick leave law.
If you are an employer, it is important that you understand this new law and avoid violating your duties under the law or the rights of employees under the law. Call Law Office of Kristine S. Karila to discuss. (949) 481-6909.
If you are an employee who has been denied the accrual or use of paid sick leave after July 1, 2015, call attorney Kristine S. Karila for a free initial phone consultation. (949) 481-6909.
As of July 1, 2015, Employers of employees who work primarily within the State of California, must provide paid sick leave. The law is called the Healthy Workplaces, Healthy Families Act of 2014. This law applies to most employees, regardless of the number of employees the business has, and includes part time workers, per diem and temporary employees. It applies to public and private employers.
The law does not affect employers who already provide paid sick leave, as long as those employers’ paid sick leave policies provide at least what the law requires.
The law applies to employees who work at least 30 days within a year.
From the beginning of employment or on July 1, 2015, if the workers are already employed, employees earn paid sick leave as follows:
At least 1 hour of paid sick leave for every 30 hours worked. Employers may cap accrued paid sick leave to 3 days per year or 24 hours.
For exempt (salaried) employees, they are deemed to work 40 hours per week for sick leave accrual purposes, unless their normal workweek schedule is less than 40 hours, in which case they will accrue paid sick leave based on their normal workweek.
Although the employee must work at least 30 days to earn sick leave, there is a probationary period of 90 days within which the employee may not use accrued paid sick leave (unless the employer includes the use before 90 days in their policy.) The employer may also lend paid sick leave to an employee in advance of accrual.
Accrued paid sick leave that is not used carries over to the next year, but the employer may cap the accrual the next year to 6 days or 48 hours.
Employers may not require that an employee identify a replacement worker to cover their work during the use of paid sick leave.
Employers are not required to pay the employee the value of unused paid sick leave upon termination of employment. (Earned and unused vacation or paid time off PTO if not just for sick leave, must be paid upon termination of employment.)
If an employee’s employment is terminated and the employee is reinstated within 12 months of termination, previously unused paid sick leave must be reinstated.
Importantly, employees may use their accrued paid sick leave for preventative care for themselves or a family member, as well as for the diagnosis, care, or treatment of their own or their family member’s existing health condition. For purposes of this law, “family member” means a child, [parent, spouse, registered domestic partner, grandparent, grandchild or sibling. It also includes paid sick leave for a victim of domestic violence, sexual assault or stalking.
The law requires that the employee provide reasonable advance notification if the need for paid sick leave is foreseeable. When it is not foreseeable, the employee must provide notice of the need for leave as soon as practicable.
Employers must provide written information of this law to new employees. The best way to do this is to provide each employee with an employee manual which includes the employer’s paid sick leave policy. Contact Law Office of Kristine S. Karila to discuss drafting or revising employee manuals. (949) 481-6909. The employer must also post in a conspicuous place at each workplace, a poster notifying employees of their right to paid sick leave.
Employers are required to identify on employee pay stubs, the amount of paid sick leave accrued by the employee.
It is unlawful for an employer to retaliate, harass or discriminate against an employee because she/he used or asked to use their accrued paid sick leave.
If paid sick leave is unlawfully withheld, employers may face a monetary penalty of up to $4,000 per employee.
Employers exempt from the new paid sick leave law include those with collective bargaining agreements (CBA) with certain provisions, publicly funded in home supportive or domestic help, employees of air carriers as flight deck or cabin crew if they receive compensated time off equal to or more than what is required in the new paid sick leave law.
If you are an employer, it is important that you understand this new law and avoid violating your duties under the law or the rights of employees under the law. Call Law Office of Kristine S. Karila to discuss. (949) 481-6909.
If you are an employee who has been denied the accrual or use of paid sick leave after July 1, 2015, call attorney Kristine S. Karila for a free initial phone consultation. (949) 481-6909.
The law does not affect employers who already provide paid sick leave, as long as those employers’ paid sick leave policies provide at least what the law requires.
The law applies to employees who work at least 30 days within a year.
From the beginning of employment or on July 1, 2015, if the workers are already employed, employees earn paid sick leave as follows:
At least 1 hour of paid sick leave for every 30 hours worked. Employers may cap accrued paid sick leave to 3 days per year or 24 hours.
For exempt (salaried) employees, they are deemed to work 40 hours per week for sick leave accrual purposes, unless their normal workweek schedule is less than 40 hours, in which case they will accrue paid sick leave based on their normal workweek.
Although the employee must work at least 30 days to earn sick leave, there is a probationary period of 90 days within which the employee may not use accrued paid sick leave (unless the employer includes the use before 90 days in their policy.) The employer may also lend paid sick leave to an employee in advance of accrual.
Accrued paid sick leave that is not used carries over to the next year, but the employer may cap the accrual the next year to 6 days or 48 hours.
Employers may not require that an employee identify a replacement worker to cover their work during the use of paid sick leave.
Employers are not required to pay the employee the value of unused paid sick leave upon termination of employment. (Earned and unused vacation or paid time off PTO if not just for sick leave, must be paid upon termination of employment.)
If an employee’s employment is terminated and the employee is reinstated within 12 months of termination, previously unused paid sick leave must be reinstated.
Importantly, employees may use their accrued paid sick leave for preventative care for themselves or a family member, as well as for the diagnosis, care, or treatment of their own or their family member’s existing health condition. For purposes of this law, “family member” means a child, [parent, spouse, registered domestic partner, grandparent, grandchild or sibling. It also includes paid sick leave for a victim of domestic violence, sexual assault or stalking.
The law requires that the employee provide reasonable advance notification if the need for paid sick leave is foreseeable. When it is not foreseeable, the employee must provide notice of the need for leave as soon as practicable.
Employers must provide written information of this law to new employees. The best way to do this is to provide each employee with an employee manual which includes the employer’s paid sick leave policy. Contact Law Office of Kristine S. Karila to discuss drafting or revising employee manuals. (949) 481-6909. The employer must also post in a conspicuous place at each workplace, a poster notifying employees of their right to paid sick leave.
Employers are required to identify on employee pay stubs, the amount of paid sick leave accrued by the employee.
It is unlawful for an employer to retaliate, harass or discriminate against an employee because she/he used or asked to use their accrued paid sick leave.
If paid sick leave is unlawfully withheld, employers may face a monetary penalty of up to $4,000 per employee.
Employers exempt from the new paid sick leave law include those with collective bargaining agreements (CBA) with certain provisions, publicly funded in home supportive or domestic help, employees of air carriers as flight deck or cabin crew if they receive compensated time off equal to or more than what is required in the new paid sick leave law.
If you are an employer, it is important that you understand this new law and avoid violating your duties under the law or the rights of employees under the law. Call Law Office of Kristine S. Karila to discuss. (949) 481-6909.
If you are an employee who has been denied the accrual or use of paid sick leave after July 1, 2015, call attorney Kristine S. Karila for a free initial phone consultation. (949) 481-6909.
As of July 1, 2015, Employers of employees who work primarily within the State of California, must provide paid sick leave. The law is called the Healthy Workplaces, Healthy Families Act of 2014. This law applies to most employees, regardless of the number of employees the business has, and includes part time workers, per diem and temporary employees. It applies to public and private employers.
The law does not affect employers who already provide paid sick leave, as long as those employers’ paid sick leave policies provide at least what the law requires.
The law applies to employees who work at least 30 days within a year.
From the beginning of employment or on July 1, 2015, if the workers are already employed, employees earn paid sick leave as follows:
At least 1 hour of paid sick leave for every 30 hours worked. Employers may cap accrued paid sick leave to 3 days per year or 24 hours.
For exempt (salaried) employees, they are deemed to work 40 hours per week for sick leave accrual purposes, unless their normal workweek schedule is less than 40 hours, in which case they will accrue paid sick leave based on their normal workweek.
Although the employee must work at least 30 days to earn sick leave, there is a probationary period of 90 days within which the employee may not use accrued paid sick leave (unless the employer includes the use before 90 days in their policy.) The employer may also lend paid sick leave to an employee in advance of accrual.
Accrued paid sick leave that is not used carries over to the next year, but the employer may cap the accrual the next year to 6 days or 48 hours.
Employers may not require that an employee identify a replacement worker to cover their work during the use of paid sick leave.
Employers are not required to pay the employee the value of unused paid sick leave upon termination of employment. (Earned and unused vacation or paid time off PTO if not just for sick leave, must be paid upon termination of employment.)
If an employee’s employment is terminated and the employee is reinstated within 12 months of termination, previously unused paid sick leave must be reinstated.
Importantly, employees may use their accrued paid sick leave for preventative care for themselves or a family member, as well as for the diagnosis, care, or treatment of their own or their family member’s existing health condition. For purposes of this law, “family member” means a child, [parent, spouse, registered domestic partner, grandparent, grandchild or sibling. It also includes paid sick leave for a victim of domestic violence, sexual assault or stalking.
The law requires that the employee provide reasonable advance notification if the need for paid sick leave is foreseeable. When it is not foreseeable, the employee must provide notice of the need for leave as soon as practicable.
Employers must provide written information of this law to new employees. The best way to do this is to provide each employee with an employee manual which includes the employer’s paid sick leave policy. Contact Law Office of Kristine S. Karila to discuss drafting or revising employee manuals. (949) 481-6909. The employer must also post in a conspicuous place at each workplace, a poster notifying employees of their right to paid sick leave.
Employers are required to identify on employee pay stubs, the amount of paid sick leave accrued by the employee.
It is unlawful for an employer to retaliate, harass or discriminate against an employee because she/he used or asked to use their accrued paid sick leave.
If paid sick leave is unlawfully withheld, employers may face a monetary penalty of up to $4,000 per employee.
Employers exempt from the new paid sick leave law include those with collective bargaining agreements (CBA) with certain provisions, publicly funded in home supportive or domestic help, employees of air carriers as flight deck or cabin crew if they receive compensated time off equal to or more than what is required in the new paid sick leave law.
If you are an employer, it is important that you understand this new law and avoid violating your duties under the law or the rights of employees under the law. Call Law Office of Kristine S. Karila to discuss. (949) 481-6909.
If you are an employee who has been denied the accrual or use of paid sick leave after July 1, 2015, call attorney Kristine S. Karila for a free initial phone consultation. (949) 481-6909.
RSS Feed
