The health family act of 2014 created by California governor, Jerry Brown requires all employers to provide sick leave to employees. The law was implemented from July 1 2015 and it made California to enter history books as the second state behind Connecticut to compel employers to provide this coverage to employees. However, unlike Connecticut where this law only applies to employers who have more than 50 employees, the California law applies to all employers regardless of the size of their workforce. In this article, we are going to break down this laws to help you understand exactly what it entails.

How has this law effected employers?

When this law came into effect in July 1 2015, all employers were required to offer a certain minimum amount of sick leave to their workers each year. This means that all employers in state of California must calculate the sick leave that each employee has accrued, report their balance and pay all their employees for the sick leave that they have taken within their minimum balance.

Who is eligible under this law?

All employees who have work for at least 30 days in year are eligible to receive sick leave under this law. This include both temporary and part time employees with only few exceptions.

How to determine the amount that an employee can take when on sick leave

When it comes to determining the amount an employee can take on sick leave, employers have two options. The first option is to offer lump sum to employees at the beginning of the year. Employer who choose this option must offer three days at the beginning of the year. The second option is known as the accrual method. Employers who choose this method are required to pay at least one hour of paid leave for every 30 hours that the employee has worked. Employers who choose this method have the flexibility to choose to start accruing sick leave from July 1, 2015 if the employees were hired before this law was implemented.

What happens if the employees don’t take sick leave?

Employees who have not taken sick leave can roll over the amount accrued to 48 hours of untaken sick leave. However, employers who provide lump sum at the beginning of the year are not required to roll over the remaining balance to the following year.

What are the reasons for taking sick leave?

Employees can take sick leave when their own health or the health condition of their family member is not well. They can also take sick leave when seeking preventative treatment.

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There are many questions you may be asking yourself about sick leave entitlement. There are rights you are entitled to as well as your employer when it comes to sick leave. It is better for you to understand what the law states for you to avoid trouble:

1. Is my employer required to give me sick leave?

There are no general requirements which the law put in place for your employer to give you a sick leave. However, the employer can offer you some time off so that you can seek treatment. The time off will not be paid for.

2. Is my employer required to pay me for sick leave?

There is no federal law which requires employers to give paid sick leaves. However, there are some states which have laws which require employers to give employees paid sick leave. If an employer will give sick leave payment, then the law requires him to take necessary actions and ensure the paid sick leave is used accordingly.

3. Are there laws in my state about paid sick leave which I should know?

Few states and local authorities allow sick leave payment. You will be required to confirm with your state first to be sure.

4. Does the law require that I be paid for unused accrued sick time when I leave my job?

If it is allowed under collective bargain agreement or employment contract, you can claim for it. Some employers can pay an incentive, but normally it is not paid for like the case of accrued vacation time.

5. Who can take leave under the Family and Medical Leave Act?

The family and medical leave act allow employees who work within a radius of 75miles and are more than 50 in their workplace to take child or adoption leave. Other conditions where an employee can be offered a leave include serious health complication of family members.

6. Who can take leave as a reasonable accommodation for their disability?

An employee can have policies concerning sick leave which will apply to all employees. The employee who will be on leave will not be paid. The employee can as well adjust the policy to suit the needs of individual employees with certain isolated cases.

7. Is my employer required by law to offer pregnancy leave?

The employer is required to treat such leave as temporal disability leave. You will be offered a leave just like the way you will be offered after minor surgery, injury or any minor disability.

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California had passed a law on sick leave, which was effective from 1st July, 2015. In 2014 as well, they passed a similar law. But that was only applicable to the employers, with more than 50 employees. However, the latest law is applicable to all kinds of employers.

Eligibility: In order to qualify for sick leave, an employee has to satisfy two conditions:

1. Work for the employer for at least 90 days, before applying for sick leave.

2. Work for that employer for at least 30 days in the year in which they are claiming the sick leave.

However, some sections of employees are not covered by this law. For example, employees of air carriers are not eligible.

Calculation: As an employer, you can pay the sick leave either on accrual basis or on lump sum basis. If you decide to go for the accrual method, 1 hour of sick leave will be accrued for every thirty hours that the employee has worked. And if you want to go with the lump sum method, your employees’ sick leave will be limited to 24 hours per year. Sick leaves should be paid on the basis of the hourly rates.

Reasons for sick leave: As per the California Law on sick leave, employees are entitled to take leave for their treatment or the treatment of any of their family members. Sick leave can also be taken for some specific reasons like stalking or domestic violence. Your employee will get to decide whether they want the entire day off or just the half day. However, you can make a rule that at least minimum 2 hours of sick leave needs to be taken.

Separation: If your employee leaves the company, then you are not liable to pay any sick leave. However, if you hire him or her back within 1 year, then all their accrued sick leaves should be reinstated.

Notice regarding sick leave: It is necessary for an employee to inform you before taking a sick leave. But that is only possible for planned leaves, such as visit to the doctor. However, if something emergency comes up, then your employee needs to inform you only when it is practically possible. It is also your responsibility to make proper records of all the sick leaves taken.

There are some cities in California which have their own laws regarding sick leaves. Like, in California, sick leaves up to 72 hours can be accrued per year. Hence, as long as their policies are more generous than the actual law, it is not an issue.

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The California Paid Family Leave Act provides up to six weeks of paid leave to take care of a sick or injured family members. California is one of only two states with such a benefit. For those concerned about maternity benefits, you get six additional weeks of paid time off to bond with your healthy baby.

Workers who pay into the California SDI program are eligible for the paid family to leave benefit as well. The state short term disability program allows for up to four weeks of time before delivery, plus eight weeks of paid time for a C-section delivery. Add six weeks for your time to bond with the baby to get eighteen weeks of total paid time for a normal pregnancy, and a healthy baby.

Another recent change expands coverage under the California Paid Family Leave (PFL) law. Since 2002, this law has permitted eligible employees across the state to take paid time off to care for a parent, spouse or child with a serious health condition, or to bond with a new baby. Benefits are paid through the state disability insurance program.

This sounds great until you realize these eighteen weeks come with a 45% pay cut or more. Many families are living check to check before mum gets pregnant, gets her eighteen-week pay cut, then have to face the extra bills to feed, clothe, and raise a child.

How long can you pay your bills when mum is taking a 45% pay cut? California couples need to ask themselves this question before getting pregnant. You may enjoy up to eighteen weeks of paid leave in California between your pregnancy, maternity leave, and time bonding with baby. This sounds great until you realize you are getting only a fifty-five percent income replacement. And many CA workers don’t qualify. Know your facts before you conceive.

Not every CA worker is automatically enrolled. Know the rules before getting pregnant. And if you can’t afford an extended pay cut, consider purchasing supplemental short term disability coverage to increase your maternity leave income.

The California Family Rights Act is similar to the Federal Family Medical Leave Act in that it allows for twelve weeks of unpaid; job-protected leave. Both laws apply only to employers with more than fifty employees.

The California law differs in how an absence from work for you own disability is treated. Suppose you experience pregnancy complications and need to leave work twelve weeks before your delivery. Under the Federal law, you would have used up your job protected time. The California law does not count time away from work for your disability. This is covered under the California Pregnancy Disability Leave Act.

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