BILL ANALYSIS Ó
AB 304
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Date of Hearing: May 27, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
304 (Gonzalez) - As Amended May 22, 2015
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY: This bill makes a number of changes to legislation
enacted last year related to paid sick days. Specifically, this
bill:
1)Provides that the definition of "employee" does not include
specified retired annuitants.
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2)Specifies that the law applies to an employee who works in
California for the same employer for 30 or more days within a
year.
3)Amends the law to clarify the terms under which an employer is
not required to provide additional sick days. Specifically,
modifies the requirement that the employer provide no less
than 24 hours or three days of paid sick leave to require this
benefit be provided for use at the beginning of each year of
employment. Allows the employer to use a different accrual
method other than providing one hour per every 30 hours worked
(as prescribed under existing law), provided that the accrual
is on a regular basis as specified.
4)Provides that an employer is not required to reinstate accrued
paid time off to a rehired employee that was paid out at the
time of termination, resignation, or separation of employment.
5)Authorizes an employer that provides unlimited paid sick leave
or unlimited paid time off, to satisfy a written notice
requirement of existing law by indicating on the notice or the
employee's itemized wage statement that such leave is
unlimited.
6)Delays application of provisions related to the inclusion of
the amount of paid sick leave available on itemized wage
statements, or separate writings, until January 21, 2016, for
employers in the broadcasting and motion picture industries.
7)Specifies paid sick time for exempt employees shall be
calculated in the same manner as the employer calculates wages
for other forms of paid leave time, and clarifies the regular
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rate of pay for non-exempt employees so it is aligned with the
method for how overtime pay is determined.
8)Clarifies an employer is not obligated to inquire into or
record the purposes for which an employee uses paid leave or
paid time off.
FISCAL EFFECT:
This bill will result in savings to state and local governments
due to the exemption of retired annuitants from sick leave
requirements and other clarifications of law related to accrual
and provision of paid sick leave.
COMMENTS:
Purpose. According to the author, this bill aims to improve and
ease implementation of California's new paid sick leave law.
Last year, AB 1522 was signed into law providing more than 6.5
million workers the right to accrue no less than three paid sick
days a year. However, the passage of such a sweeping workplace
benefit has spurred a robust public discussion regarding the
implementation of the law. As such, the author wishes to
clarify a handful of the law's requirements before the law goes
into effect on July 1, 2015.
Committee amendment. The committee proposes to add an urgency
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clause to ensure the provisions of this bill take effect
concurrent with the implementation of the original sick leave
law.
Analysis Prepared by:Misty Feusahrens / APPR. / (916)
319-2081