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California’s Sick Pay Obligations - The Healthy Workplaces, Healthy Families Act - 7th Edition

Richard J. Simmons
Castle Publications

All California employers must revise their sick pay policies by January 1, 2021 to comply with new state rules. A few years back, California enacted the first state law requiring employers to provide paid sick leave. The new rules had to be administered in tandem with California’s other rules, including the “kin-care” standards and the state leave of absence laws governing pregnancy disability leaves and family and medical leaves. These rules were just the beginning.

Now, new state rules allow employees rather than their employers to designate when and how paid sick leave will be used. Legislation that amends the sick leave features of the kin-care statute apply to all California employers in January 2021, regardless of their size. Other legislation, AB 1867, already took effect in September 2020, and imposes significant new supplemental paid sick leave obligations on employers who have 500 or more employees and other, smaller employers who fall within targeted groups.

The California sick pay laws enacted in 2020 are examined in the new edition of Attorney Richard Simmons’ publication, California’s Sick Pay Obligations – The Healthy Workplaces, Healthy Families Act. The new edition includes a detailed discussion of AB 2017 and AB 1867, the “COVID-19 Supplemental Paid Sick Leave Act.” The publication reviews the obligations imposed on employers under California’s sick pay law and the amended version of the kin-care law.

Apart from the new rules, the Healthy Workplaces, Healthy Families Act requires virtually all California employers to provide paid sick leave that accrues at minimum rates. The law applies to employees who meet basic eligibility rules, including full-time, part-time, temporary and seasonal employees. Employers must also include additional information in their new-hire Wage Theft Prevention Act notices and comply with new posting, record-keeping, reporting and pay stub rules.

This publication provides a sample sick pay policy and addresses the following subjects, among others:

  • 2020 Legislative Changes
  • New AB 2017 Rules That Govern Employers in 2021
  • COVID-19 Supplemental Paid Sick Leave Rules Now in Effect
  • New 1867 Requirements Applicable to Health Care Workers, Emergency Responders, and Large Employers
  • Purposes For Which Supplemental Paid Sick Leave is Available
  • New Notices Rules in 2020
  • New Employee Designation Rules For 2021
  • Sample Sick Pay Policy
  • Obligations to Employees Who Quit or Are Fired
  • Kin-Care Changes
  • Sick Pay Caps and Carryovers
  • Notification Obligations
  • Reasons for Paid Leave
  • Need To Update Employee Handbooks And Policies For 2021

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