Since California’s new paid sick leave law, known as the Healthy Workplaces, Healthy Families Act of 2014, AB 1522 (codified at Labor Code section 245 et seq.) was signed into law, many employers have been struggling to understand the requirements of the law. As many are aware, clarification/revision of some aspects of the law was provided last month via AB 304.
On August 7, 2015, we received a copy of the attached opinion letter* signed by counsel for the Labor Commissioner for the State of California – Opinion Letter.
The opinion letter answers several questions that have been surfacing time and time again regarding the minimum requirements of the law, specifically as to employees who regularly work more or less than eight (8) hours per day. The guidance provided states that the language of the law “must necessarily be interpreted as requiring ’24 hours or three days’ of paid sick leave, whichever is more for an employee.”
Therefore, as described in the scenario discussed in the attached letter, an employee who regularly works ten (10) hours per day may be entitled to a minimum of thirty (30) hours of paid sick leave because the number of hours in three (3) work days for such an employee is more than 24 hours. Conversely, an employee who regularly works less than eight (8) hours per day, may be entitled to more than three (3) days for paid sick leave, since three (3) work days for such an employee equates to less than 24 hours. For example, an employee who typically works six (6) hours per day could be entitled to paid sick leave for four (4) work days.
The Law & Management Resource Center will continue to provide information as the complexities of the new law are analyzed further.
The information contained in this E-Update is for informational purposes only and not for the purpose of providing legal advice. For complete information and advice about a particular issue, problem or situation, recipients should contact an attorney of their choice. The use of and/or access to this newsletter does not attorney-client relationship between the Law & Management Resource Center and the recipient.
* Modified as to name and address of the addressee