California’s Sick Pay Obligations - The Healthy Workplaces, Healthy Families Act - 5th Edition

Richard J. Simmons
January 2019

In this new edition, Attorney Richard J. Simmons of Sheppard, Mullin, Richter & Hampton LLP reviews the obligations imposed on employers under California’s sick pay law and the amended version of the Kin-Care law. 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. The publication provides a sample sick pay policy and addresses the following subjects:

  • Employer Coverage
  • Eligibility Rules
  • Exemptions
  • Sick Pay Accrual Rates
  • Effect on Existing Sick Pay and Paid Time Off Policies
  • Sick Pay Caps and Carryovers
  • Use of Paid Sick Leave
  • Minimum Increments
  • Kin-Care Changes
  • Rules Against Retaliation
  • Sample Sick Pay Policy
  • Obligations to Employees Who Quit or Are Fired
  • Effect of Rehire
  • Advances of Sick Pay
  • When Sick Leave Must Be Paid
  • Notification Obligations
  • Reasons for Paid Leave
  • Qualifying Family Members

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