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The sun is shining a little brighter this summer on employees in two California cities. Both are moving forward with paid sick time laws, providing protections above and beyond what the state law provides.  Los Angeles’s law was signed by the Mayor on June 2 and goes into effect on July 1, 2016. San Diego’s law has a more complicated history. Originally passed in July 2014, the Mayor quickly vetoed the law in August of that year. Soon after, the City Council overrode the Mayor’s veto, but opponents collected enough signatures to put the ordinance to a vote on June 7. Packaged with a minimum wage hike, the law was approved by over 60% of the voters. It takes effect immediately.

You may know that California has an existing law for paid sick time, so we wanted to highlight some of the differences between it and these two new ones. The local laws cannot take away any rights provided under the state law, but can provide expanded rights to local workers.

 

San Diego (View as PDF Chart)

Eligible Employees

Employees who work within San Diego for at least 2 hours within a week, and who qualify as an employee entitled to minimum wage under California law.

Does not include persons employed under a publicly subsidized summer or short term youth employment program, or any student employee, camp counselor, or program counselor of an organized camp (as defined under CA law).

Front loading permitted (instead of accrual method)

Not specified

Maximum Amount of Leave Use per year

40 hours per year

Accrual

1 hour for every 30 hours worked

Maximum accrual per year

Accrual cannot be capped

Leave reasons

– Employee or family member’s medical condition
– Safe Time: time needed to handle certain matters related to domestic violence, sexual assault or stalking, when the employee or family member is a victim
– Closure of business, school, or place of child care by public health official due to public health emergency

Carryover Provisions

All unused time carries over/no cap.

Payment upon termination/Reinstatement upon rehire

Not required to pay on termination, resignation, retirement, or other separation. If there is a separation from employment and employee is rehired within 6 months, previously accrued time that was not used or paid out must be reinstated. No reinstatement of time required if the employer paid out the accrued time to the employee at the time of job separation.

Covered Relationships

Child, parent, spouse, registered domestic partner, grandparent, grandchild, sibling.

Certification

Reasonable documentation for absences of more than 3 consecutive work days.

Employee notice

If foreseeable, reasonable advance notice not to exceed 7 days. If not foreseeable, as soon as practicable.

Employer notice

Posting written notice of rights at time of hire, or 4/1/2015, whichever is later

Employer Record keeping

Yes

Los Angeles (View as PDF Chart)

Eligible Employees

Employees who work within Los Angeles for at least 2 hours within a week, and who qualify as an employee entitled to minimum wage under California law.

Front loading permitted (instead of accrual method)

Yes – 48 hours at the beginning of the year

Maximum Amount of Leave Use per year

48 hours per year

Accrual

1 hour for every 30 hours worked

Maximum accrual per year

Accrual may be capped at 72 hours (or more, if the employer allows it).

Leave reasons

“Paid sick leave” for employee or family member

Carryover Provisions

Employee can carry over 72 hours of paid sick leave (or more, if the employer allows it).

Payment upon termination/Reinstatement upon rehire

Not required to pay on termination, resignation, retirement, or other separation. If an employee separates and is rehired within one year, then previously accrued and unused paid sick time must be reinstated. No exception to restoration of time for time previously paid out at separation.

Covered Relationships

Child, parent, spouse, registered domestic partner, grandparent, grandchild, sibling, any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.

Certification

Reasonable documentation for any absence.

Employee notice

Does not address advance notice for using sick time.

Employer notice

None specified

Employer Record keeping

Not specified

 

California (View as PDF Chart)

Eligible Employees

Employees who work in California for the same employer for 30 or more days within the year from the start of employment.

 Does not include:

– employees with collective bargaining agreements, if the agreement provides for paid sick days and final and binding arbitration of disputes about paid sick day provisions;
– employees in the construction industry covered by certain collective bargaining agreements;
– certain providers of in-home supportive services;
– flight deck or cabin crew employees of air carriers subject to the provisions of Title II of the federal Railway Labor Act; or
– public employees who are recipients of a retirement allowance, and employed without reinstatement into his or her respective retirement system

Front loading permitted (instead of accrual method)

Yes – 24 hours or 3 days of available for use by completion of the 120th calendar day of employment, and each year thereafter

Maximum Amount of Leave Use per year

24 hours/3 days per year

Accrual

1 hour for every 30 hours worked; or

Accrual of a set amount of paid sick days per pay period or quarter provided:

– the accrual is on a regular basis; and
– the employee has no less than 24 hours of leave by the 120th calendar day of employment, each calendar year, or in each 12-month period.

Maximum accrual per year

Accrual capped at 6 days or 48 hours per year

Leave reasons

– Employee or family member’s medical condition
– Safe Time: time needed to handle certain matters related to domestic violence, sexual assault or stalking, when the employee or family member is a victim

Carryover Provisions

All unused time carries over/no cap.

No carryover is required if the employer offers 24 hours or 3 days of paid sick leave at the beginning of each year.

Payment upon termination/Reinstatement upon rehire

Not required to pay on termination, resignation, retirement, or other separation. If an employee separates from an employer and is rehired by the employer within one year, previously accrued time that was not used or paid out must be reinstated. No reinstatement of time required if the employer paid out the accrued time to the employee at the time of job separation.

Covered Relationships

Child, parent, spouse, registered domestic partner, grandparent, grandchild, sibling.

Certification

There is no provision permitting an employer to request or require certification or documentation from an employee.

Employee notice

If foreseeable, reasonable advance notice not to exceed 7 days. If not foreseeable, as soon as practicable.

Employer notice

Posting written notice containing amount of paid sick leave available must be provided on wage statement or other separate communication

Employer Record keeping

 Yes

What Employers Need to Do

Employers with employees working in San Diego and Los Angeles are responsible for compliance with the new laws by the effective dates.  You’ll need to update employment policies to reflect the changes and train appropriate personnel (Human Resources, Benefits, supervisors, managers etc.) on the changes in the laws.

What Reed Group is Doing

We are busy updating our chapter on local leave laws in Leave Advisor.

Feel like you’re drowning in leave of absence rules? Reed Group provides up-to-the-minute information on new and pending leave legislation through our online compliance tool, LeaveAdvisor. For more information, and access to a free trial, please click here to visit our website, or call 1-800-347-7443.

 

 

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