California Governor Gavin Newsom approved SB 616, which aims to expand and strengthen paid sick day benefits for state employees. With this project, some of the statutes corresponding to the Healthy Work and Families Act of 2014, known as the Healthy Workplaces, Healthy Families Act, were modified.
The changes were reflected in sections 245.5, 246 and 246.5 of the state Labor Code. These establish requirements related to paid sick days and paid sick leave.
Currently, these sections do not cover certain employees in their provisions, including those who are covered by valid collective bargaining agreements. However, with the approved initiative, excluded people will have new rights.
One of the most significant changes introduced by SB 616 is the expansion of paid sick day accrual rates. Previously, employees had to work 30 hours to earn a paid sick day. However, with the new law, you have two options:
- Accumulate sick days based on your hours worked, 30 hours equal one day.
- Receive a guaranteed minimum of 40 hours of paid sick days per year, regardless of hours worked.
This modification gives employees greater flexibility in accruing sick days and allows them to get more paid days in a given period. Additionally, the law offers employers the opportunity to provide subordinates with a minimum of 40 hours or five days of paid sick leave at the beginning of each year of employment, calendar year, or 12-month period, instead of following the process of accumulation.
Another important change is that accrued paid sick days can now be carried forward up to 80 hours or 10 days, instead of the previous 48 hours or six days. This gives employees greater flexibility and security in the event of a prolonged illness.
SB 616 also addresses the issue of notification by requiring employers to provide employees with written notice detailing the number of paid sick days available. This is especially relevant for those who were not previously covered by these provisions.
The legislation also prohibits employers from denying workers the right to use paid sick days or retaliating against them for doing so. This includes protecting the rights of employees who are victims of domestic violence, sexual assault or harassment by providing them with paid sick days to care for their physical and emotional health in such situations.
Unions applaud the approval of Law 616 in California
Governor Gavin Newsom highlighted the importance of this initiative for California’s workforce, stating: “This law ensures that workers have access to the paid sick leave benefits they need to care for themselves and their loved ones without fear of retaliation. It is a step forward in protecting labor rights and building a safer and healthier future for all our citizens.
According to a statement from the California Senate, SB 616 was praised by numerous worker advocacy groups and unions across the state. They say this legislation is a significant step forward in promoting employment equity and employee well-being in California.
Highlights of California’s new law
One of the key changes introduced by SB 616 is the exclusion of railroad employers and its employees from the provisions of the Healthy Workplaces and Healthy Families Act of 2014. This exclusion means that workers in the sector will not be covered by the same paid sick leave requirements as employees in other industries.
The bill also modifies the accrual and use requirements for paid sick days for all workers in California. Extends procedural requirements, such as accrual rates and availability for use, to employees covered by valid collective bargaining agreements (employees under collective bargaining agreements), ensuring that they receive the same protections with respect to paid sick days as other workers.
Another significant change is the adjustment of the paid sick leave accrual method.. Employers are now required to provide no less than 40 hours of accrued sick leave or paid time off prior to the 200th calendar day of employment or each calendar year, or in each 12-month period.
Besides, the bill increases the authorized limitation on the use of accrued sick leave to 40 hours or five days in each year of employment, giving employees greater flexibility in the use of their accrued sick days. This change is intended to improve employees’ ability to manage their health and well-being.
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