In the ever-evolving landscape of employment regulations, both employers and employees must stay...
Employee leave policies and regulations can be complex, and both employers and employees must have a clear understanding of their rights and obligations. In California, paid sick leave and reproductive loss leave are governed by specific laws, and recent legislative changes have brought about important updates. In this article, we'll delve into these aspects of employee leave, ensuring you have the information you need to navigate them effectively.
Paid Sick Days in California (SB 616)
California's Healthy Workplaces, Healthy Families Act of 2014 (HWHFA) established the foundation for paid sick days and leave in the state. However, certain exemptions exist, including those for employees covered by valid collective bargaining agreements (CBA employees). Senate Bill (SB) 616 introduced additional modifications to these regulations.
Under the HWHFA, employees working in California for the same employer for 30 or more days within a year from the start of their employment are entitled to paid sick days. It places specific requirements on employers, such as prohibiting retaliation for using paid sick days and setting conditions for their use. Paid sick leave must accrue at least one hour for every 30 hours worked, becoming available for use after 90 days of employment.
SB 616 extends these requirements to CBA employees. It also updates the accrual method, requiring employees to have at least 40 hours of accrued sick leave by the 200th calendar day of employment or each calendar year. Employers can meet these criteria by providing at least 40 hours or five days of paid sick leave available for use by the end of the employee's 200th calendar day of employment.
Furthermore, SB 616 increases the authorized limitation on the use of carryover sick leave to 40 hours or five days each year of employment, redefining the "full amount of leave" as five days or 40 hours.
Paid Sick Days for Providers of In-Home Supportive Services (SB 616)
Providers of in-home supportive services and waiver personal care services will see changes to their sick leave accrual rates starting January 1, 2024. SB 616 increases the accrual rate for these employees to 40 hours or five days each year of employment.
Employer's Obligations
Employers have specific obligations under these regulations, including not providing additional paid sick days if they have paid leave or paid time off policy meeting certain criteria. SB 616 changes the condition for eligibility, requiring employees to be eligible for at least five days or 40 hours of sick leave or paid time off within six months of employment.
Additionally, the threshold for accrued paid sick leave has been raised to 80 hours or 10 days.
Other Aspects of Paid Sick Days
The legislation also covers various aspects of paid sick days, such as compensation for accrued, unused sick days upon specified employment events, lending of paid sick days to employees, written notice requirements, calculation of paid sick leave, reasonable advance notification requirements, and payment of sick leave taken. SB 616 makes it clear that these provisions preempt any local ordinances that may contradict them.
Leave for Reproductive Loss (SB 848)
California's Fair Employment and Housing Act (FEHA) has long provided employees with bereavement leave upon the death of a family member. SB 848 extends these provisions to reproductive loss events.
Under SB 848, it is unlawful for an employer to refuse an eligible employee's request for up to five days of reproductive loss leave within three months of the event, by any existing leave policy of the employer. If an employee experiences multiple reproductive loss events within 12 months, the total leave time granted cannot exceed 20 days.
In cases where no existing policy applies, reproductive loss leave may be unpaid, but employees can use other available leave balances, including accrued and available paid sick leave. The law also prohibits employer retaliation against employees exercising their rights to reproductive loss leave or providing information or testimony related to such leave. Employers must maintain confidentiality regarding reproductive loss leave matters.
In Conclusion
Understanding employee leave regulations in California, such as paid sick days and reproductive loss leave, is crucial for both employers and employees. Recent legislative changes, as reflected in SB 616 and SB 848, have brought about important updates in these areas. Employers and employees can ensure a fair and respectful work environment by staying informed and compliant with these laws.
What else do you need to know for this new calendar year? Talk to a TPG Payroll & HR Specialist for more information; Just call 909.466.7876 today!
Also, need some help Navigating Hiring Practices and Regulations in 2024? Or, Want to learn about the Wage and Hour Changes in California? Read these and more quintessential articles on our blogs/resources page!
