California Assembly Approves Bill Requiring Employers to Provide Paid Sick Days
If passed into law, AB 2716 would make California the first state to require employers to provide paid sick days. The bill was approved by the California Assembly yesterday. Governor Arnold Schwarzenegger has taken no position on the legislation, which now goes to the Senate for approval.
AB 2716 would allow sick days to be used for a personal illness, to care for a sick family member, or to recover from domestic violence or sexual assault. It provides that any employee who works in California for seven or more days in a calendar year is entitled to paid sick days.
Under AB 2716, businesses with more than 10 employees would be required to provide up to nine days of sick leave per year. Smaller companies, with 10 or fewer employees, would be required to provide up to five days of sick leave per year.
Full-time and part-time workers would earn at least one hour of sick leave for every 30 hours worked. The benefit could be used after 90 days of employment. Under the bill, exempt employees are deemed to work 40 hours per workweek unless the employee's normal workweek is less than 40 hours, in which case the employee would accrue paid sick based upon that normal workweek.
The bill would also require employers to satisfy specified posting and notice, and recordkeeping requirements.
The bill would not require employers to provide compensation to an employee for accrued, unused paid sick leave days upon termination of employment.
If signed into law, the requirement would be overseen by the Department of Industrial Relations, but could be enforced through civil lawsuits. The law would make available legal and/or equitable relief including reinstatement, back pay, the payment of any sick days unlawfully withheld, penalties, and reasonable attorneys’ fees.