New Sick Leave Law in California Takes Effect July 1, 2015

Last month, Governor Brown signed California's Healthy Workplaces, Healthy Families Act of 2014. This new law takes effect on July 1, 2015 and will require all public and private employers, regardless of size, to provide sick leave to California workers.  Employee who work more than 30 days a year in California, including part-time, temporary, exempt and non-exempt employees are covered by this law. There are  several exceptions to this coverage, including home health care and air carrier employees and employees governed by collective bargaining agreements.     

Under the new law, employees will accrue one hour of sick leave for every 30 hours worked. For full-time employees (2080 hours or work per year), this equates to about 69 hours, or just over eight days a year. If an employer has a paid leave or paid time off (PTO) policy that provides for at least 24 hours (three days) per year that may be used as sick leave, and otherwise complies with the new law, then no additional paid sick days have to be provided. 

Covered employees may use sick leave for preventive care or an existing health condition for the employee himself or a family member (child, parent, spouse or registered domestic partner, grandparent, grandchild, or sibling), or for employees who are victims of domestic violence, sexual assault or stalking. An employee may use accrued paid sick days as early as on the 90th day of employment.   

Unlike vacation, accrued, unused sick leave is not treated as vested wages that must be paid out upon termination along with other final wages. However, if an employee is rehired by the same employer within 12 months of separation, any accrued, unused sick leave must be reinstated.