We here at the ASCCA Headquarters are your eyes and ears at the California State Capitol and serve as your industry lobbyists. We work each and every day on legislation and regulations impacting the automotive repair business and directly affecting your bottom line.
Below are some of the highlights of the AB 1522 (Employment Paid Sick Days), which was recently signed by the Governor into law and takes effect July 1, 2015.
1) Requires employers to provide paid sick days to all employees, no matter if they are part-time or seasonal and regardless of the size of their employer.
2) The law applies to an employee who works in California for 30 days or more within a year.
3) Employees earn and accrue 1 hour paid sick leave for every 30 hours worked up to 24 hours or 3 days in a year.
4) Provides that an employer is not required to provide additional paid sick days if the employer has a paid leave policy or paid time off policy that may be used for the same purposes and under same conditions of the new law.
5) Sick pay maybe accrue and carry over to the following year. However, employers may limit use to 24 hours or three days in a year.
6) An employee shall be entitled to use accrued paid sick days beginning on the 90th day of employment.
7) An employer is not required to provide compensation to an employee for accrued, unused paid sick days upon termination, resignation, retirement or other separation from employment. However, if an employee separates from an employer and is rehired by the employer within one year, previously accrued and unused paid sick days shall be reinstated and accrue additional paid sick days accordingly.
8) An employer may lend paid sick days to an employee in advance of accrual, at employer’s discretion and with proper documentation.
9) Employer shall provide an employee with written notice that sets forth the amount of paid sick leave available, or paid time off leave an employer provides in lieu of sick leave, for use on either: the employee’s itemized wage statement or in a separate writing provided on the designated pay date with the employee’s payment of wages
10) An employee may determine how much paid sick leave he or she needs to use, provided that the employer may set a reasonable minimum increment, not to exceed two hours, for the use of paid sick leave.
11) The rate of pay shall be employee’s hourly wage. If the employee (in the 90 days of employment before taking accrued sick leave) had different hourly pay rates, was paid by commission or piece meal or was nonexempt salaried employee, then the rate of pay shall be calculated by dividing the employee’s total wages, not including overtime premium pay, by the employee’s total hours worked in the full periods of the prior 90 days of employment.
12) If the need for paid leave is foreseeable, the employee shall provide reasonable advance notification. If the need for paid sick leave is unforeseeable, the employee shall provide notice of the need for the leave as soon as practicable.
13) The employer shall provide paid sick leave for diagnoses, care or treatment of an existing health condition of or preventative care for an employee or an employee’s family members (i.e. child, parents, employee spouse, registered domestic partner, grandparents, grandchildren, sibling)
14) An employer shall not require as a condition of using paid sick days that the employee search for or find a replacement worker to cover the days during which the employee uses paid sick days.
15) The law prohibits an employer from discriminating or retaliating against an employee who requests paid sick days.
16) In the workplace of the employer, the employer shall display a poster in a conspicuous place containing sick paid leave information. The Labor Commissioner shall create the poster containing the information and make it available to employers.
17) The law specifies penalties and fines for any violations.
See link below for complete text of the new paid sick days law.
The State Legislative Bill Report details various bills that ASCCA is tracking. If you have any questions please contact ASCCA at firstname.lastname@example.org
New California Laws for 2014