California Employment Law Blog
California employees facing challenges with sick leave may need to consult with a lawyer to navigate the complexities of new legislation and ensure their rights are protected. The recent enactment of Senate Bill (SB) 616, effective January 1, 2024, significantly alters the nature of paid sick leave (PSL) for workers across the state, demanding attention and understanding from employees and employers.
Understanding SB 616 and Its Impact
SB 616 broadens the scope of PSL, mandating that nearly all California employers provide a minimum of 40 hours or five days of paid sick leave, whichever is greater. This change aims to enhance employees’ well-being and financial security, ensuring they have adequate time to recover from illness without losing income. The bill applies to employees who have worked for the same employer for at least 30 days within a year in California, covering a wide range of workers, including part-time, per diem, in-home supportive services providers, and temporary employees, with few exceptions.
Accrual and Usage of Paid Sick Leave
The new legislation offers flexibility in how PSL can be accrued. Employers may opt to provide 1 hour of PSL for every 30 hours worked, front-load 40 hours or 5 days of PSL at the beginning of each 12-month period, or implement an alternative accrual method that meets specific requirements. This adaptability ensures that employees have access to sick leave in a manner that suits various employment models.
Employers may set a 90-day employment condition before PSL can be used, but they also have the option to advance PSL to employees sooner. While a maximum accrual cap of 80 hours (or 10 days) can be imposed, employers must allow employees to carry over at least 40 hours of accrued PSL into the following year.
Rights to Carry Over and Written Notices
Crucially, SB 616 mandates that employees must be allowed to carry over a minimum of 40 hours of unused PSL, bolstering their ability to manage health needs over time. Employers must also provide clear written notice of an employee’s PSL balance, typically shown on pay stubs, ensuring transparency and aiding employees in tracking their entitlements.
Grandfathered Plans and Compliance
Some existing employer plans are “grandfathered” under the new law, meaning they can remain in effect if they meet certain criteria related to accrual and availability of PSL or PTO. This provision acknowledges and preserves the validity of previously established benefits that comply with or exceed the new minimum standards.
The Role of Legal Assistance
Understanding and leveraging the new PSL laws can be daunting for California employees. Legal counsel can be crucial in interpreting these changes, advocating for employees’ rights, and ensuring employers adhere to the new requirements. A lawyer can assist in clarifying the nuances of SB 616, addressing disputes over sick leave accrual, usage, and carryover, and guiding employees through securing their lawful benefits.
Legal support becomes essential in cases where employers may not fully comply with the new laws or where employees face challenges in exercising their rights to sick leave. Attorneys can help navigate these situations, ensuring employees receive the sick leave benefits they are entitled to under the law. To learn more, give the Nourmand Law Firm, APC, to learn more today.