BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      AB 11


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          Date of Hearing:  March 18, 2015


                     ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT


                               Roger Hernández, Chair


          AB 11  
          Gonzalez - As Amended March 11, 2015


          SUBJECT:  Employment:  paid sick days:  in-home supportive  
          services


          SUMMARY:  Effective July 1, 2016, extends the provisions of paid  
          sick days legislation enacted last year to include providers of  
          in-home supportive services, as described.  


          EXISTING LAW:


          1)Provides that an employee who, on or after July 1, 2015, works  
            in California for 30 or more days is entitled to paid sick  
            days for specified purposes, to be accrued at a rate of not  
            less than one hour for every 30 hours worked.
          2)Excludes from the definition of "employee" a provider of  
            in-home supportive services, as specified.


          FISCAL EFFECT:  Unknown


          COMMENTS:  AB 1522 (Gonzalez) of 2014 enacted the Health  
          Workplaces, Healthy Families Act of 2014 to provide paid sick  
          days to specified California employees effective July 1, 2015.   








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          AB 1522 was landmark legislation that extended the right to paid  
          sick days to an estimated 6.5 million California workers.


          However, during the legislative process the bill was amended to  
          exclude from the definition of "employee" a provider of in-home  
          supportive services.  This bill would delete that exclusion  
          effective July 1, 2016.


          According to the author:


               "There are more than 360,000 IHSS caregivers in California  
               who are dedicated to providing home care for California's  
               most fragile population-elderly and disabled Californians  
               with low incomes. Despite being among the lowest-paid  
               workers in the state, IHSS workers still cannot take time  
               away from work to care for themselves or a loved one when  
               they are sick without fear of losing pay or their job.


               Last year, more than 6.5 million workers became entitled to  
               three paid sick days a year with the signing of the Healthy  
               Workplaces, Healthy Families Act of 2014. The state of  
               California should recognize the health and safety needs of  
               the fragile population that depends on their assistance by  
               extending this vital workplace protection to the employees  
               who perform this cost-saving service to California's most  
               vulnerable residents."


          














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          ARGUMENTS IN SUPPORT





          According to supporters, this bill will eliminate the disparate  
          treatment under AB 1522 that resulted in a differentiation of  
          rights of some low-wage workers from the rights of other  
          low-wage workers.  They contend that not only it is wrong for  
          one class of low-wage workers to have fewer rights, but it also  
          makes no sense for paid sick days to be denied to people whose  
          principal job is to keep the poorest Californians well and in  
          their home.  When an already vulnerable Medi-Cal recipient  
          requires additional medical care because they became sick while  
          cared for by a worker who could not afford to take a sick day,  
          we all lose out.  They argue that this bill ensures that IHSS  
          caregivers, who are predominantly women and people of color, are  
          afforded the same basic right as the rest of California's  
          workforce.





          ARGUMENTS IN OPPOSITION










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          The California Right to Life Committee opposes this bill,  
          arguing that it is not financially justified and should not be  
          enacted into law.  They contend that the expansion of the law to  
          include paid sick days for IHSS workers is economically unsound.  
           They argue that this could encourage some employees to take  
          time off when not truly needed at home or not truly sick enough  
          to jeopardize company personnel.


          


          REGISTERED SUPPORT / OPPOSITION:




          Support


          AARP California


          American Civil Liberties Union of California


          California Commission on Aging


          California Communities United Institute


          California Immigrant Policy Center


          Health Officers Association of California








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          Western Center on Law and Poverty




          Opposition


          California Right to Life Committee, Inc.




          Analysis Prepared by:Ben Ebbink / L. & E. / (916) 319-2091