California paid sick leave: What you need to know for 2015
Employers without a paid sick time policy should start drafting one that complies with the law’s requirements
California has joined a growing number of jurisdictions mandating employers to provide paid sick leave to
their employees, including part-time and temporary workers. Below is a summary of the California law’s key points:
Effective dates
There are two dates to keep in mind: January 1 and July 1.
The employer’s obligation to provide paid sick leave under the law does not take effect until July 1, 2015.
However, on Jan. 1, 2015, covered employers are required to:
- Post in a conspicuous place at the workplace a poster containing various requirements under the law. A compliant poster is available on the California’s Division of Labor Standards & Enforcement (“DLSE”) website.
- Issue newly hired nonexempt employees an updated “Notice to Employee” (required under California Labor Code section 2810.5) that includes paid sick leave information. A revised “Notice to Employee” form is available on the DLSE’s website. The law is not clear as to whether current nonexempt employees must be reissued a new “Notice to Employee” after January 1, or if the poster will suffice.
Covered employers
Employers who employ at least one employee who works in California at least 30 days within a year from the commencement of their employment, on or after Jan. 1, 2015, are covered by the California law.
Covered employees
Employees are eligible for paid sick leave if they are not covered by one of the limited exemptions to the law (discussed below); and they work for an employer on or after Jan. 1, 2015, for at least 30 days within a year from the commencement of employment.
The law applies to part-time, temporary, seasonal and per diem employees. The law also applies to employees who are exempt from overtime requirements.
According to the DLSE, employees must have been employed for 90 days before they begin using their sick leave. However, employers must provide the leave at the commencement of employment or July 1, 2015, whichever is later.
Employees exempted
Under specified conditions, the law does not apply to the following types of employees:
- Employees covered by a valid collective bargaining agreement that provides for paid leave for sickness and other terms of employment
- Employees in the “construction industry” covered by a valid collective bargaining agreement under certain conditions
- Providers of in-home supportive services
- Employees of an air carrier as a flight deck or cabin crew member under certain conditions
By: InsideCounsel.com
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