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