BILL ANALYSIS Ó AB 11 Page 1 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. AB 11 Page 2 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." AB 11 Page 3 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 AB 11 Page 4 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 AB 11 Page 5 Western Center on Law and Poverty Opposition California Right to Life Committee, Inc. Analysis Prepared by:Ben Ebbink / L. & E. / (916) 319-2091