California employers are subject to a number of labor laws requiring paid time off. In addition to family leave, they are also required to provide paid sick leave.

On a federal level, the U.S. does not have laws requiring paid family or sick leave, unlike most other developed countries. The federal Family and Medical Leave Act (FMLA) does require eligible employers to provide unpaid family leave. But paid family leave and paid sick days have been left to the state and local level.

There are, in fact, a number of local and state laws passed in recent year that have provided both paid family leave and sick days in the U.S. Employees in states that have not enacted these local are still subject to their employer’s policies.

According to a report by the Kaiser Family Foundation,

This is a particularly salient concern for women, who are often the primary caretakers for children and also comprise nearly half of the nation’s workers. Approximately seven in ten women (70.5%) with children under age 18 were in the labor market in 2016.

There are five states that have enacted laws offering paid family leave.

• California
• New Jersey
• New York
• Rhode Island
• Washington

In addition, the District of Columbia has passed paid family leave laws of their own.

State Mandated Paid Sick Days Policies

However, when it comes to sick days, there is no federal requirement that employers allow employees to take sick days when they or a family member has a short-term illness that does not permit them to work. But much like with paid family leave, many states and municipalities have enacted their own paid sick days legislation.

[image courtesy of KFF.org]

The first such law was passed by a voter initiative in 2006 in San Francisco, California. Since that time, eight states, Washington D.C., two counties and at least 28 cities have also passed laws requiring that eligible employees get paid time off to care for themselves or sick family members.

In addition, many of the laws enacted allow for employees to use their paid sick days for other reasons specifically related to caring for other sick family members, or even – as in California - in cases of sexual assault, harassment, or domestic violence.

As noted earlier, the FMLA provides for protected time off, but it does not provide for paid sick leave. However, paid sick leave laws are gaining popularity at the state level. Currently, five states have already passed paid sick days legislation and beginning in 2018, New York, Rhode Island the District of Columbia, will join them. 

Paid sick leave laws differ significantly from the Family Medical Leave Act, which provides certain employees up to 12 weeks of unpaid, job-protected leave per year. Paid sick day policies typically grant employees a minimum number of paid sick hours or days each year, and stipulate the specific reasons which allow employees to take that leave. 

In California, since July 1, 2015 the so-called Paid Sick Leave law, or the Healthy Workplace, Healthy Family Act of 2014 (AB 1522), has been in effect for  California employers. For many smaller employers the challenge has been in implementing all the required processes and posted notices, issuing forms, and verifying compliance with the law.

Have Your Employees Been Fully Informed?

Beginning on January 1, 2015, employers were required to post a poster containing the following information in a conspicuous place at the workplace:

• That an employee is entitled to accrue, request, and use paid sick days
• The amount of sick days provided for and the terms of use of paid sick days
• That retaliation or discrimination against an employee who requests paid sick days or uses paid sick days or both is prohibited
• That an employee has the right under this law to file a complaint with the Labor Commissioner against an employer who retaliates or discriminates against an employee.

Also, employers are required to provide most employees with an individualized Notice to Employee that includes paid sick leave information. 

You can find more information on the FAQ page of the State of California's Department of Industrial Relations website. 

According to an overview from the National Law Review, some of the requirements for California employers include the following:

• California’s law requires employers to offer a minimum amount of paid sick leave based on an accrual rate of 1 hour of paid sick leave for every 30 hours worked, or offer employees a lump sum at the beginning of each year that equals three days (24 hours) of paid sick leave. 
• Employers must document how many days of paid sick leave employees have available on their pay stub or on a separate document that is issued with an employee’s paycheck. 
• Employees can roll over up to 48 hours of accrued, untaken paid sick leave (which can be limited to 24 hours per year). 
• Employers must have a system in place to calculate, track, and report each employee’s paid sick leave balance, provide a written copy of the sick leave policy to employees at the time of hire, and display a poster explaining the sick leave policy. 
• Employers must keep paid sick leave records for up to three years. 

Stay Informed and Stay in Compliance

Maintaining an updated and compliant paid sick leave strategy and policy will help your organization meet its obligations, as well as provide accuracy and timeliness. Understanding the law, automating sick leave tracking and calculations, and prioritizing accurate record keeping will make compliance a sure thing.

Another key step in maintaining HR compliance and increasing your company's cost-effectiveness is to consider outsourcing. A professional agency such as Accuchex can provide much-needed help with Human Resources needs and questions.

Accuchex is a full spectrum Payroll Management Services provider offering expertise in Time Management, Insurance and Retirement issues, as well.

If you are looking for reliable resource for your HR issues, we can help. And you can get your Free Download: California Paid Sick Leave Law to help you make an informed decision, or call Accuchex Payroll Management Services at 877-422-2824.