California Legislature—2015–16 Regular Session

Assembly BillNo. 11


Introduced by Assembly Member Gonzalez

(Coauthor: Assembly Member Bonta)

December 1, 2014


An act to amend, repeal, and add Section 245.5 of the Labor Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

AB 11, as introduced, Gonzalez. Employment: paid sick days: in-home supportive services.

The Healthy Workplaces, Healthy Families Act of 2014 provides, among other things, 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. Existing law provides that an employee under the act does not include a provider of in-home support services, as described.

This bill would revise the definition of an employee under the Healthy Workplaces, Healthy Families Act of 2014 to, as of July 1, 2016, include providers of in-home support services, as described.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

The Legislature finds and declares the following:

P2    1(a) Nearly every worker in the State of California will at some
2time during the year need some time off from work to take care
3of his or her own health or the health of family members.

4(b) Many workers in California do not have any paid sick days,
5or have an inadequate number of paid sick days, to care for their
6own health or the health of family members.

7(c) Providers of in-home supportive services under Section
814132.95, 14132.952, or 14132.956 of, or Article 7 (commencing
9with Section 12300) of Chapter 3 of Part 3 of Division 9 of, the
10Welfare and Institutions Code, do not qualify for the mandatory
11paid sick leave benefit that had been provided under Assembly
12Bill 1522, the Healthy Workplaces, Healthy Families Act of 2014.

13(d) Providing workers time off to attend to their own health care
14and the health care of family members will ensure a healthier and
15more productive workforce in California.

16(e) Paid sick days will have an enormously positive impact on
17the public health of Californians by allowing sick workers paid
18time off to care for themselves when ill, thus lessening their
19recovery time, reducing the likelihood of spreading illness to other
20members of the workforce, and increasing the likelihood that they
21seek care from a primary health care provider instead of costly
22emergency room services.

23(f) Paid sick days will allow parents to provide personal care
24 for their sick children. Parental care ensures children’s speedy
25recovery, prevents more serious illnesses, and improves children’s
26overall mental and physical health.

27(g) Providing paid sick days is affordable for employers.

28(h) Employers who provide paid sick days enjoy greater
29employee retention and reduce the likelihood of employees coming
30to work sick. Studies have shown that costs of decreased
31productivity caused by sick workers exceed the costs of employee
32absenteeism.

33(i) Workers whose jobs involve significant contact with the
34public, such as providers of in-home support services, are very
35unlikely to have paid sick days. Often, these workers have no
36choice but to come to work when they are ill, thereby spreading
37illness to coworkers and customers.

38(j) Domestic violence and sexual assault affect many persons
39without regard to age, race, national origin, sexual orientation, or
40socioeconomic status.

P3    1(k) Domestic violence is a crime that has a devastating effect
2on families, communities, and the workplace. It impacts
3productivity, effectiveness, absenteeism, and employee turnover
4in the workplace. The National Crime Survey estimates that
5175,000 days of work each year are missed due to domestic
6violence.

7(l) Survivors of domestic violence and sexual assault may be
8vulnerable at work when trying to end an abusive relationship
9because the workplace may be the only place where the perpetrator
10knows to contact the victim. Studies show that up to one-half of
11domestic violence victims experience job loss. Forty percent
12 reported on-the-job harassment. Nearly 50 percent of sexual assault
13survivors lose their jobs or are forced to quit in the aftermath of
14the assaults.

15(m) Affording survivors of domestic violence and sexual assault
16paid sick days is vital to their independence and recovery.

17

SEC. 2.  

In enacting this act, it is the intent of the Legislature
18to do the following:

19(a) Ensure that workers in California can address their own
20health needs and the health needs of their families by requiring
21employers to provide a minimum level of paid sick days including
22time for family care.

23(b) Decrease public and private health care costs in California
24by enabling workers to seek early and routine medical care for
25themselves and their family members and to address domestic
26violence or sexual assault.

27(c) Protect employees in California from losing their jobs while
28they use sick days to care for themselves or their families.

29(d) Provide economic security to employees in California who
30take time off from work for reasons related to domestic violence
31or sexual assault.

32(e) Safeguard the welfare, health, safety, and prosperity of the
33people of and visitors to California.

34(f) Extend equal protection of paid sick leave benefits to
35providers of in-home supportive services.

36

SEC. 3.  

Section 245.5 of the Labor Code, as added by Section
373 of Chapter 317 of the Statues of 2014, is amended to read:

38

245.5.  

As used in this article:

39(a) “Employee” does not include the following:

P4    1(1) An employee covered by a valid collective bargaining
2agreement if the agreement expressly provides for the wages, hours
3of work, and working conditions of employees, and expressly
4provides for paid sick days or a paid leave or paid time off policy
5that permits the use of sick days for those employees, final and
6binding arbitration of disputes concerning the application of its
7paid sick days provisions, premium wage rates for all overtime
8hours worked, and regular hourly rate of pay of not less than 30
9percent more than the state minimum wage rate.

10(2) An employee in the construction industry covered by a valid
11collective bargaining agreement if the agreement expressly provides
12for the wages, hours of work, and working conditions of
13employees, premium wage rates for all overtime hours worked,
14and regular hourly pay of not less than 30 percent more than the
15state minimum wage rate, and the agreement either (A) was entered
16into before January 1, 2015, or (B) expressly waives the
17requirements of this article in clear and unambiguous terms. For
18purposes of this subparagraph, “employee in the construction
19industry” means an employee performing onsite work associated
20with construction, including work involving alteration, demolition,
21building, excavation, renovation, remodeling, maintenance,
22improvement, repair work, and any other work as described by
23Chapter 9 (commencing with Section 7000) of Division 3 of the
24Business and Professions Code, and other similar or related
25occupations or trades.

26(3) A provider of in-home supportive services under Section
2714132.95, 14132.952, or 14132.956 of, or Article 7 (commencing
28with Section 12300) of Chapter 3 of Part 3 of Division 9 of, the
29Welfare and Institutions Code.

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.begin insert Sec.end insert 181 et seq.),
33provided that the individual is provided with compensated time
34off equal to or exceeding the amount established in paragraph (1)
35of subdivision (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:

P5    1(1) A child, which for purposes of this article means a biological,
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
16Government Code.

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.

begin insert

21(f) This section shall become inoperative on July 1, 2016, and,
22as of January 1, 2017, is repealed.

end insert
23

SEC. 4.  

Section 245.5 is added to the Labor Code, to read:

24

245.5.  

As used in this article:

25(a) “Employee” does not include the following:

26(1) An employee covered by a valid collective bargaining
27agreement if the agreement expressly provides for the wages, hours
28of work, and working conditions of employees, and expressly
29provides for paid sick days or a paid leave or paid time off policy
30that permits the use of sick days for those employees, final and
31binding arbitration of disputes concerning the application of its
32paid sick days provisions, premium wage rates for all overtime
33hours worked, and regular hourly rate of pay of not less than 30
34percent more than the state minimum wage rate.

35(2) An employee in the construction industry covered by a valid
36collective bargaining agreement if the agreement expressly provides
37for the wages, hours of work, and working conditions of
38employees, premium wage rates for all overtime hours worked,
39and regular hourly pay of not less than 30 percent more than the
40state minimum wage rate, and the agreement either (A) was entered
P6    1into before January 1, 2015, or (B) expressly waives the
2requirements of this article in clear and unambiguous terms. For
3purposes of this subparagraph, “employee in the construction
4industry” means an employee performing onsite work associated
5with construction, including work involving alteration, demolition,
6building, excavation, renovation, remodeling, maintenance,
7improvement, repair work, and any other work as described by
8Chapter 9 (commencing with Section 7000) of Division 3 of the
9Business and Professions Code, and other similar or related
10occupations or trades.

11(3) An individual employed by an air carrier as a flight deck or
12cabin crew member that is subject to the provisions of Title II of
13the federal Railway Labor Act (45 U.S.C. Sec. 181 et seq.),
14provided that the individual is provided with compensated time
15off equal to or exceeding the amount established in paragraph (1)
16of subdivision (b) of Section 246.

17(b) “Employer” means any person employing another under
18any appointment or contract of hire and includes the state, political
19subdivisions of the state, and municipalities.

20(c) “Family member” means any of the following:

21(1) A child, which for purposes of this article means a biological,
22adopted, or foster child, stepchild, legal ward, or a child to whom
23the employee stands in loco parentis. This definition of a child is
24applicable regardless of age or dependency status.

25(2) A biological, adoptive, or foster parent, stepparent, or legal
26guardian of an employee or the employee’s spouse or registered
27domestic partner, or a person who stood in loco parentis when the
28employee was a minor child.

29(3) A spouse.

30(4) A registered domestic partner.

31(5) A grandparent.

32(6) A grandchild.

33(7) A sibling.

34(d) “Health care provider” has the same meaning as defined in
35paragraph (6) of subdivision (c) of Section 12945.2 of the
36Government Code.

37(e) “Paid sick days” means time that is compensated at the same
38wage as the employee normally earns during regular work hours
39and is provided by an employer to an employee for the purposes
40described in Section 246.5.

P7    1(f) This section shall become operative on July 1, 2016.



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