Heritage Law Group
Is Your Business Complaint with California's New Paid Sick Leave Law?
July 1st has come and gone, but many businesses in California are still behind in the states new employment law. Starting July first, California’s Healthy Workplaces, Healthy Families Act of 2014 will become in effect. What is the Healthy Workplaces, Healthy Families Act? We are going to help break it down to ensure that your business is ready and up to code.
Healthy Workplaces, Healthy Families Act
The Healthy Workplaces, Healthy Families Act was an act created last year to help employees have access
to more sick days. Starting at the beginning of last month, employees of all businesses – including part time and temporary employees – earn one hour of paid leave for every 30 hours worked as a part of a new employment law. There have been many questions and concerns about this new act. Below, we have broken down each and every part of this act to ensure both you and your employees are fully aware.
1. Starting Date
Starting on the 90th day of employment, employees can start using their accrued sick days.
2. Allowing Limited Use Per Year
The business owner may limit the amount of paid sick leave used to 3 days per year, only if they have notified the employee of this before they were hired and before this cap was implemented.
3. Allowing Limited Use Per Day
Business owner also has the right to set a minimum increment of time used to not exceed two hours. This means that if your employee has a one hour appointment during the day, the business owner can only allow that employee to use up to two hours of paid leave. If the appointment runs longer than two hours, the employee will only be compensated for the two hours, while the remaining time is unpaid leave.
4. Compensation for Terminated Employees
Business owners are not required to provide compensation for an employee that has accrued paid sick leave upon termination.
5. Employees Are Not Required To Find Replacement For Their Leave
Business owners and employers cannot require employees to find a replacement worker in order to use their own paid sick time.
6. Calculating Paid Sick Leave
Paid sick leave is calculated as the greater of 3 days or 24 hours per year. This means that if you are a full time employee that works 10 hour shifts, you will be entitled 3 days off, but if you are a part-time employee that works 4 hour shifts, you will be entitled 6 days off.
7. Employer’s Requirements
Owners cannot require a doctor’s note in order for employees to take paid time off
8. Payment Deadline
Payment for used paid sick days must be given no later than the next regular payroll period.
9. Notifying Staff Of Sick Paid Sick Leave Time
The employer must show the amount of sick leave available on their pay stubs.
This new requirement for businesses is designed to make both your business and its employees happier and healthier. There are many ways that you can help get your employees accustomed to this change. We recommend that you make this change as soon as possible to ensure that your business is up to the standards of California Law. If you need help aquaiting your business to these standards, contact a local attorney.