Employers in California are not obligated to offer sick pay to employees. The benefit is entirely optional—for now. Some politicians in Sacramento aim to make sick pay benefits mandatory.
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BENEFITS UPDATE
Will Sick Leave Become Mandatory In California?
By Christopher W. Olmsted
Employers in California are not obligated to offer sick pay to employees. The benefit is entirely optional—for now. Some politicians in Sacramento aim to make sick pay benefits mandatory.
Fiona Ma, a State Assembly representative from San Francisco introduced the mandatory paid sick leave bill, numbered AB 2716. She didn’t have to look far for inspiration. In 2006, San Francisco voters approved Proposition F, the first law in the nation that mandated paid sick days.
This bill would provide that an employee who works in California for 7 or more days in a calendar year is entitled to paid sick time days. The paid leave would accrue at a rate of one hour of paid sick time for every 30 hours worked. The law would apply to all employers.
An employee would be entitled to use accrued sick time days beginning on the 90th calendar day of employment. The bill would require employers to provide paid sick time days, upon the request of the employee, for diagnosis, care, or treatment of health conditions of the employee or an employee’s family member, or for leave related to domestic violence or sexual assault.
An employer would be prohibited from discriminating or retaliating against an employee who requests paid sick time days. The bill would require employers to satisfy specified posting and notice, and recordkeeping requirements.
Curiously, the bill’s author argues that she will save employers money. “Providing sick days to workers saves money for businesses by reducing turnover, reducing the spread of illness in the workplace and improving workers' morale and productivity.”
AB 2716 passed the Assembly Judiciary Committee, 7-3, on April 15. The bill will now wind its way through other committees, starting with the Assembly Appropriations Committee on April 30. Stay tuned, we will continue to monitor the bill.
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This article is intended as a brief overview of the law and are not intended to substitute as legal advice. Any questions or concerns regarding any statute or case law should be addressed to a licensed attorney. Copyright © 2008 by Barker Olmsted & Barnier, APLC. San Diego, California. All rights reserved.
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