The California Legislature must watch too much of The Walking Dead.
They are really worried about disease.
In the first part of July 2015, they passed two bills aimed at controlling Californians’ health.
There was a bill limiting parents’ ability to decline vaccinations for their school aged children.
And there was a bill requiring employers to give all their employees a minimum amount of sick time every year.
Sadly, due to scarcity, California is unable to mandate that all schoolchildren and employees take the vaccine to prevent Zombism. But if you get bitten, you will definitely have some paid time off to go through the change.
I’m writing to talk about the California sick time law. (It must be about Zombism because it is an answer to a problem that nobody had.)
If you are neither an employer or employee in California, you may still find it interesting. California is trying to lead the country towards more “European” employment policies.
Starting July 1, 2015, all employers were required to meet new sick time accruing laws for all employees.
- It applies even if you have only one employee.
- It applies even if you have only seasonal employees.
- It applies even if you have only salaried exempt employees.
So if you are a small California employer who did not have benefits before because you couldn’t afford them — guess what? California just gave all your employees a raise.
As I’ve said before, I think it is a good business decision to give your employees time at home to be sick. But it should be your decision, not California’s.
(Aside: you should read my blog post on why sick time is a good idea. It is one of my most popular. And it features a picture of my cat.)
California did not just say that you have to provide sick time. They say how much and how you are to accrue it and account for it.
All those forward-thinking “unlimited paid time off” plans that Millennial-type companies have been implementing are now illegal.
Of course, the accrual rules developed by California Legislators were confusing and unworkable. So they passed amendments just a couple weeks later, to try to make the rules clearer.
The rules are not clear at all. I’m an employment lawyer with more than a decade’s experience in California wage law, and I had to read the bills several times.
So what do you need to know? This is my most simplified summary:
- Employers need a written sick time policy.
- Employers need to provide current employees with written notice that sick time benefits have changed (in addition to the policy).
- There’s another mandatory poster to spruce up the break room.
- Employees get at least 8 days of accrual in a year.
- Employees must accrue at the minimum rate of at least one hour sick time per 30 hours worked.
- There are several options for how an employer may do the accrual for their particular workforce’s scheduling.
- Even though they are entitled to 8 days on the books, an employer only has to let the employee take 24 hours of sick time in a year (that’s hours, not 3 days)
- Unlike vacation time, sick time does not have to carry over or be paid out when an employee leaves.
- This applies to virtually all employees with very few exemptions.
- Part time employees do not have to accrue, but seasonal employees do.
- A reinstated employee gets their old accruals back.
- Some payroll companies may not be adequately set up to handle this.
If you need help with this, please click on the button below to set up a consultation.
Bellatrix PC offers the Employer Protection Package, which allows employers to outsource employee compliance functions for less problems and less hassle.