AB 1522, as amended, Gonzalez. Employment: paid sick days.
Existing law authorizes employers to provide their employees paid sick leave.
This bill would enact the Healthy Workplaces, Healthy Families Act of 2014 to provide that an employee who, on or after July 1, 2015, works in California for 30 or more days within a year from the commencement of employment is entitled to paid sick days for prescribed purposes, to be accrued at a rate of no less than one hour for every 30 hours worked. An employee would be entitled to use accrued sick days beginning on the 90th day of employment. The bill would authorize an employer to limit an employee’s use of paid sick days to 24 hours or 3 days in each year of employment. The bill would prohibit an employer from discriminating or retaliating against an employee who requests paid sick days. The bill would require employers to satisfy specified posting and notice and recordkeeping requirements. The bill would define terms for those purposes.
The bill would require the Labor Commissioner to
begin delete administer andend delete enforce these requirements, including begin delete the promulgation of regulations, andend delete the investigation, mitigation, and relief of violations of these requirements. The bill would authorize the Labor Commissioner to impose specified administrative fines for violations and would authorize the commissioner or the Attorney General to recover specified civil penalties against an offender who violated these provisions on behalf of the aggrieved, as well as attorney’s fees, costs, and interest.
The bill would not apply to certain categories of employees that meet specified requirements.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares the following:
2(a) Nearly every worker in the State of California will at some
3time during the year need some time off from work to take care
4of his or her own health or the health of family members.
5(b) Many workers in California do not have any paid sick days,
6or have an inadequate number of paid sick days, to care for their
7own health or the health of family members.
8(c) Low-income workers are significantly less likely to have
9paid sick time than other workers.
10(d) Providing workers time off to attend to their own health care
11and the health care of family members will ensure a healthier and
12more productive workforce in California.
P3 1(e) Paid sick days will have an enormously positive impact on
2the public health of Californians by allowing sick workers paid
3time off to care for themselves when ill, thus lessening their
4recovery time and reducing the likelihood of spreading illness to
5other members of the workforce.
6(f) Paid sick days will allow parents to provide personal care
7for their sick children. Parental care ensures children’s speedy
8recovery, prevents more serious illnesses, and improves children’s
9overall mental and physical health.
10(g) Providing paid sick days is affordable for employers and
11good for business.
12(h) Employers who provide paid sick days enjoy greater
13employee retention and reduce the likelihood of employees coming
14to work sick. Studies have shown that costs of decreased
15productivity caused by sick workers exceed the costs of employee
17(i) Many adults have significant elder care responsibilities
18requiring them to take time off from work or to work reduced
20(j) Employees frequently lose their jobs or are disciplined for
21taking sick days to care for sick family members or to recover
22from their own illnesses.
23(k) Workers whose jobs
involve significant contact with the
24public, such as service workers and restaurant workers, are very
25unlikely to have paid sick days. Often, these workers have no
26choice but to come to work when they are ill, thereby spreading
27illness to coworkers and customers.
28(l) Domestic violence and sexual assault affect many persons
29without regard to age, race, national origin, sexual orientation, or
31(m) Domestic violence is a crime that has a devastating effect
32on families, communities, and the workplace. It impacts
33productivity, effectiveness, absenteeism, and employee turnover
34in the workplace. The National Crime Survey estimates that
35175,000 days of work each year are missed due to domestic
of domestic violence and sexual assault may be
38vulnerable at work when trying to end an abusive relationship
39because the workplace may be the only place where the perpetrator
40knows to contact the victim. Studies show that up to one-half of
P4 1domestic violence victims experience job loss. Forty percent
2reported on-the-job harassment. Nearly 50 percent of sexual assault
3survivors lose their jobs or are forced to quit in the aftermath of
5(o) Affording survivors of domestic violence and sexual assault
6paid sick days is vital to their independence and recovery.
In enacting this act, it is the intent of the Legislature
8to do the following:
9(a) Ensure that workers in California can address their own
10health needs and the health needs of their families by requiring
11employers to provide a minimum level of paid sick days including
12time for family care.
13(b) Decrease public and private health care costs in California
14by enabling workers to seek early and routine medical care for
15themselves and their family members and to address domestic
16violence or sexual assault.
17(c) Protect employees
in California from losing their jobs while
18they use sick days to care for themselves or their families.
19(d) Provide economic security to employees in California who
20take time off from work for reasons related to domestic violence
21or sexual assault.
22(e) Safeguard the welfare, health, safety, and prosperity of the
23people of and visitors to California.
Article 1.5 (commencing with Section 245) is added
25to Chapter 1 of Part 1 of Division 2 of the Labor Code, to read:
(a) This article shall be known and may be cited as the
30Healthy Workplaces, Healthy Families Act of 2014.
31(b) The provisions of this article are in addition to and
32independent of any other rights, remedies, or procedures available
33under any other law and do not diminish, alter, or negate any other
34legal rights, remedies, or procedures available to an aggrieved
As used in this article:
37(a) “Employee” does not include the following:
38(1) An employee covered by a valid collective bargaining
39agreement if the agreement expressly provides for the wages, hours
40of work, and working conditions of employees, and expressly
P5 1provides for paid sick days or a paid leave or paid time off policy
2that permits the use of sick days for those employees, final and
3binding arbitration of disputes concerning the application of its
4paid sick days provisions, premium wage rates for all overtime
5hours worked, and regular hourly rate of pay of not less than 30
6percent more than the state minimum wage rate.
7(2) An employee in the construction industry covered by a valid
8collective bargaining agreement if the agreement expressly provides
9for the wages, hours of work, and working conditions of
10employees, premium wage rates for all overtime hours worked,
11and regular hourly pay of not less than 30 percent more than the
12state minimum wage rate, and the agreement either (A) was entered
13into before January 1, 2015, or (B) expressly waives the
14requirements of this article in clear and unambiguous terms. For
15purposes of this subparagraph, “employee in the construction
16industry” means an employee performing onsite work associated
17with construction, including work involving alteration, demolition,
18building, excavation, renovation, remodeling, maintenance,
19improvement, repair work, and any other work as described by
20Chapter 9 (commencing with Section 7000) of Division 3 of the
21Business and Professions Code, and other similar or related
22occupations or trades.
begin deleteAn employee covered by a valid collective bargaining in-home supportive services under Article 7 (commencing with Section 12300)
24agreement who performs domestic services comprising end delete
27of Chapter 3 of Part 3 of Division 9
begin delete ofend delete the
begin delete Code, if the agreement expressly waives the
29requirements of this article in clear and unambiguous terms.end delete
30(4) An individual employed by an air carrier as a flight deck or
31cabin crew member that is subject to the provisions of Title II of
32the federal Railway Labor Act (45 U.S.C. 181 et seq.), provided
33that the individual is provided with compensated time off equal to
34or exceeding the amount established in paragraph (1) of subdivision
35(b) of Section 246.
36(b) “Employer” means any person employing another under
37any appointment or contract of hire and includes the state, political
38subdivisions of the state, and municipalities.
39(c) “Family member” means any of the following:
P6 1(1) A child, which for purposes of this article means a
2adopted, or foster child, stepchild, legal ward, or a child to whom
3the employee stands in loco parentis. This definition of a child is
4applicable regardless of age or dependency status.
5(2) A biological, adoptive, or foster parent, stepparent, or legal
6guardian of an employee or the employee’s spouse or registered
7domestic partner, or a person who stood in loco parentis when the
8employee was a minor child.
9(3) A spouse.
10(4) A registered domestic partner.
11(5) A grandparent.
12(6) A grandchild.
13(7) A sibling.
14(d) “Health care provider” has the same meaning as defined in
15paragraph (6) of subdivision (c) of Section 12945.2 of the
17(e) “Paid sick days” means time that is compensated at the same
18wage as the employee normally earns during regular work hours
19and is provided by an employer to an employee for the purposes
20described in Section 246.5.
(a) An employee who, on or after July 1, 2015, works in
22California for 30 or more days within a year from the
23commencement of employment is entitled to paid sick days as
24specified in this section.
25(b) (1) An employee shall accrue paid sick days at the rate of
26not less than one hour per every 30 hours worked, beginning at
27the commencement of employment or the operative date of this
28article, whichever is later.
29(2) An employee who is exempt from overtime requirements
30as an administrative, executive, or professional employee under a
31wage order of the Industrial Welfare Commission is deemed to
32work 40 hours per workweek for the purposes of this section,
33unless the employee’s normal workweek is less than 40 hours, in
34 which case the employee shall accrue paid sick days based upon
35that normal workweek.
36(c) An employee shall be entitled to use accrued paid sick days
37beginning on the 90th day of employment, after which day the
38employee may use paid sick days as they are accrued.
39(d) Accrued paid sick days shall carry over to the following
40year of employment. However, an employer may limit an
P7 1employee’s use of paid sick days to 24 hours or three days in each
2year of employment. This section shall be satisfied and no accrual
3or carry over is required if the full amount of leave is received at
4the beginning of each year, in accordance with subdivision (e).
5(e) An employer is not required to provide additional paid sick
6days pursuant to this section if the employer has a paid leave policy
7or paid time off policy, the employer makes available an amount
8of leave that may be used for the same purposes and under the
9same conditions as specified in this section, and the policy does
10either of the following:
11(1) Satisfies the accrual, carry over, and use requirements of
13(2) Provides no less than 24 hours or three days of paid sick
14 leave, or equivalent paid leave or paid time off, for employee use
15for each year of employment or calendar year or 12-month basis.
16(f) (1) Except as specified in paragraph (2), an employer is not
17required to provide compensation to an employee for accrued,
18unused paid sick days upon termination, resignation, retirement,
19or other separation from employment.
20(2) If an employee separates from an employer and is rehired
21by the employer within one year from the date of separation,
22previously accrued and unused paid sick days shall be reinstated.
23The employee shall be entitled to use those previously accrued
24and unused paid sick days and to accrue additional paid sick days
26(g) An employer may lend paid sick days to an employee in
27advance of accrual, at the employer’s discretion and with proper
29(h) An employer shall provide an employee with written notice
30that sets forth the amount of paid sick leave available, or paid time
31off leave an employer provides in lieu of sick leave, for use on
32either the employee’s itemized wage statement described in Section
33226 or in a separate writing provided on the designated pay date
34with the employee’s payment of wages. The penalties described
35in this article for a violation of this subdivision shall be in lieu of
36the penalties for a violation of Section 226.
37(i) An employer has no obligation under this section to allow
38an employee’s total accrual of paid sick leave to exceed 48 hours
39or 6 days, provided that an employee’s rights to accrue and use
40paid sick leave under this section are not otherwise limited.
P8 1(j) An employee may determine how much paid sick leave he
2or she needs to use, provided that an employer may set a reasonable
3minimum increment, not to exceed two hours, for the use of paid
5(k) The rate of pay shall be the employee’s hourly wage. If the
6employee in the 90 days of employment before taking accrued
7sick leave had different hourly pay rates, was paid by commission
8or piece rate, or was a nonexempt salaried employee, then the rate
9of pay shall be calculated by dividing the employee’s total wages,
10not including overtime premium pay, by the employee’s total hours
11worked in the full pay periods of the prior 90 days of employment.
12(l) If the need for paid sick leave is foreseeable, the employee
13shall provide reasonable advance notification. If the need for paid
14sick leave is unforeseeable, the employee shall provide notice of
15the need for the leave as soon as practicable.
16(m) An employer shall provide payment for sick leave taken by
17an employee no later than the payday for the next regular payroll
18period after the sick leave was taken.
(a) Upon the oral or written request of an employee,
20an employer shall provide paid sick days for the following
22(1) Diagnosis, care, or treatment of an existing health condition
23of, or preventive care for, an employee or an employee’s family
25(2) For an employee who is a victim of domestic violence, sexual
26assault, or stalking, the purposes described in subdivision (c) of
27Section 230 and subdivision (a) of Section 230.1.
28(b) An employer shall not require as a condition of using paid
29sick days that the employee search for or find a replacement worker
30to cover the days during which the employee uses paid sick days.
31(c) (1) An employer shall not deny an employee the right to
32use accrued sick days, discharge, threaten to discharge, demote,
33suspend, or in any manner discriminate against an employee for
34using accrued sick days, attempting to exercise the right to use
35accrued sick days, filing a complaint with the department or
36alleging a violation of this article, cooperating in an investigation
37or prosecution of an alleged violation of this article, or opposing
38any policy or practice or act that is prohibited by this article.
39(2) There shall be a rebuttable presumption of unlawful
40retaliation if an employer denies an employee the right to use
P9 1accrued sick days, discharges, threatens to discharge, demotes,
2suspends, or in any manner discriminates against an employee
3within 30 days of any of the following:
4(A) The filing of a complaint by the employee with the Labor
5Commissioner or alleging a violation of this article.
6(B) The cooperation of an employee with an investigation or
7prosecution of an alleged violation of this article.
8(C) Opposition by the employee to a policy, practice, or act that
9is prohibited by this article.
(a) In each workplace of the employer, the employer shall
11display a poster in a conspicuous place containing all the
12information specified in subdivision
begin delete (a).end delete The Labor
13Commissioner shall create a poster containing this information
14and make it available to employers.
26 An employer who
willfully violates the posting requirements
27of this section is subject to a civil penalty of not more than one
28hundred dollars ($100) per each offense.
An employer shall keep for at least three years records
30documenting the hours worked and paid sick days accrued and
31used by an employee, and shall allow the Labor Commissioner to
32access these records pursuant to the requirements set forth in
33Section 1174. An employer shall make these records available to
34an employee in the same manner as described in Section 226. If
35an employer does not maintain adequate records pursuant to this
36section, it shall be presumed that the employee is entitled to the
37maximum number of hours accruable under this article, unless the
38employer can show otherwise by clear and convincing evidence.
The Labor Commissioner shall coordinate implementation
2and enforcement of this article and promulgate guidelines and
3regulations for those purposes.
(a) The Labor Commissioner shall enforce this article,
5including investigating an alleged violation, and ordering
6appropriate temporary relief to mitigate the violation or to maintain
7the status quo pending the completion of a full investigation or
9(b) (1) If the Labor Commissioner, after a hearing that contains
10adequate safeguards to ensure that the parties are afforded due
11process, determines that a violation of this article has occurred, he
12or she may order any appropriate relief, including reinstatement,
13backpay, the payment of sick days unlawfully withheld, and the
14payment of an additional sum in the form of an administrative
15penalty to an employee or other person whose rights under this
16article were violated.
17(2) If paid sick days were unlawfully withheld, the dollar amount
18of paid sick days withheld from the employee multiplied by three,
19or two hundred fifty dollars ($250), whichever amount is greater,
20but not to exceed four thousand dollars
21($4,000), shall be included in the administrative penalty.
22(3) If a violation of this article results in other harm to the
23employee or person, such as discharge from employment, or
24otherwise results in a violation of the rights of the employee or
25person, the administrative penalty shall include a sum of fifty
26dollars ($50) for each day or portion thereof that the violation
27occurred or continued, not to exceed four
28thousand dollars ($4,000).
29(c) Where prompt compliance by an employer is not
30forthcoming, the Labor Commissioner may take any appropriate
31enforcement action to secure compliance, including the filing of
32a civil action. In compensation to the state for the costs of
33investigating and remedying the violation, the commissioner may
34order the violating employer to pay to the state a sum of not more
35than fifty dollars ($50) for each day or portion of a day a violation
36occurs or continues for each employee or other person whose rights
37under this article were violated.
38(d) An employee or other person may report to the
39Commissioner a suspected violation of this article. The
40commissioner shall encourage reporting pursuant to this
P11 1subdivision by keeping confidential, to the maximum extent
2permitted by applicable law, the name and other identifying
3information of the employee or person reporting the violation.
4However, the commissioner may disclose that person’s name and
5identifying information as necessary to enforce this article or for
6other appropriate purposes, upon the authorization of that person.
7(e) The Labor Commissioner or the Attorney General may bring
8a civil action in a court of competent jurisdiction against the
9employer or other person violating this article and, upon prevailing,
10shall be entitled to collect legal or equitable relief on behalf of the
11aggrieved as may be appropriate to remedy the violation, including
12reinstatement, backpay, the payment of sick days unlawfully
13withheld, the payment of an additional sum, not to exceed four thousand dollars ($4,000), as liquidated
15damages in the amount of fifty dollars ($50) to each employee or
16person whose rights under this article were violated for each day
17or portion thereof that the violation occurred or continued, plus,
18if the employer has unlawfully withheld paid sick days to an
19employee, the dollar amount of paid sick days withheld from the
20employee multiplied by three; or two hundred fifty dollars ($250),
21whichever amount is greater; and reinstatement in employment or
22injunctive relief; and further shall be awarded reasonable attorney’s
23fees and costs, provided, however, that any person or entity
24enforcing this article on behalf of the public as provided for under
25applicable state law shall, upon prevailing, be entitled only to
26equitable, injunctive, or restitutionary relief, and reasonable
27attorney’s fees and costs.
28(f) In an administrative or civil action brought under this article,
29the Labor Commissioner or court, as the case may be, shall award
30interest on all amounts due and unpaid at the rate of interest
31specified in subdivision (b) of Section 3289 of the Civil Code.
32(g) The remedies, penalties, and procedures provided under this
33article are cumulative.
(a) This article does not limit or affect any laws
4guaranteeing the privacy of health information, or information
5related to domestic violence or sexual assault, regarding an
6employee or employee’s family member. That information shall
7be treated as confidential and shall not be disclosed to any person
8except to the affected employee, or as required by law.
9(b) This article shall not be construed to discourage or prohibit
10an employer from the adoption or retention of a paid sick days
11policy more generous than the one required herein.
12(c) This article does not lessen the obligation of an employer to
13comply with a contract, collective bargaining agreement,
14employment benefit plan, or other agreement providing more
15generous sick days to an employee than required herein.
16(d) This article establishes minimum requirements pertaining
17to paid sick days and does not preempt, limit, or otherwise affect
18the applicability of any other law, regulation, requirement, policy,
19or standard that provides for greater accrual or use by employees
20of sick days, whether paid or unpaid, or that extends other
21protections to an employee.
Section 2810.5 of the Labor Code is amended to read:
(a) (1) At the time of hiring, an employer shall provide
24to each employee a written notice, in the language the employer
25normally uses to communicate employment-related information
26to the employee, containing the following information:
27(A) The rate or rates of pay and basis thereof, whether paid by
28the hour, shift, day, week, salary, piece, commission, or otherwise,
29including any rates for overtime, as applicable.
30(B) Allowances, if any, claimed as part of the minimum wage,
31including meal or lodging allowances.
32(C) The regular payday designated by
the employer in
33accordance with the requirements of this code.
34(D) The name of the employer, including any “doing business
35as” names used by the employer.
36(E) The physical address of the employer’s main office or
37principal place of business, and a mailing address, if different.
38(F) The telephone number of the employer.
39(G) The name, address, and telephone number of the employer’s
40workers’ compensation insurance carrier.
P13 1(H) That an employee: may accrue and use sick leave; has a
2right to request and use accrued paid sick leave; may not be
3terminated or retaliated against for using or requesting the use of
4accrued paid sick leave; and has the right to file a complaint against
5an employer who retaliates.
6(I) Any other information the Labor Commissioner deems
7material and necessary.
8(2) The Labor Commissioner shall prepare a template that
9complies with the requirements of paragraph (1). The template
10shall be made available to employers in such manner as determined
11by the Labor Commissioner.
12(3) If the employer is a temporary services employer, as defined
13in Section 201.3, the notice described in paragraph (1) must also
14include the name, the physical address of the main office, the
15mailing address if different from the physical address of the main
16office, and the telephone number of the legal entity for whom the
17employee will perform work, and any other information the Labor
18Commissioner deems material and necessary. The requirements
19of this paragraph do not apply to a security services company that
20is licensed by the Department of Consumer Affairs and that solely
21provides security services.
22(b) An employer shall notify his or her employees in writing of
23any changes to the information set forth in the notice within seven
24calendar days after the time of the changes, unless one of the
26(1) All changes are reflected on a timely wage statement
27furnished in accordance with Section 226.
28(2) Notice of all changes is provided in another writing required
29by law within seven days of the changes.
30(c) For purposes of this section, “employee” does not include
31any of the following:
32(1) An employee directly employed by the state or any political
33subdivision thereof, including any city, county, city and county,
34or special district.
35(2) An employee who is exempt from the payment of overtime
36wages by statute or the wage orders of the Industrial Welfare
38(3) An employee who is covered by a valid collective bargaining
39agreement if the agreement expressly provides for the wages, hours
40of work, and working conditions of the employee, and if the
P14 1agreement provides premium wage rates for all overtime hours
2worked and a regular hourly rate of pay for those employees of
3not less than 30 percent more than the state minimum wage.