Just three years after the enactment of California’s paid sick leave law under the Healthy Workplace Healthy Family Act of 2014 (AB 1522), a new bill has been introduced seeking to increase the amount of sick leave employers must provide employees under California law. The bill, AB 2841, was introduced on February 16, 2018, by Assemblywoman Lorena Gonzalez Fletcher. Assemblywoman Gonzalez Fletcher authored California’s existing paid sick leave law.

The bill comes in the wake of an aggressive flu season and the enactment of several local sick leave ordinances throughout California. Since California’s paid sick leave law went into effect, several cities enacted sick leave ordinances with varying requirements, including Los Angeles, Santa Monica, San Diego, Oakland, Emeryville and Berkeley. San Francisco already had a paid sick leave ordinance in effect.

Under this bill, employees may use up to 5 days or 40 hours of paid sick leave per year (up from 3 days or 24 hours under current law).  To the extent employers frontload or grant paid sick leave upfront each year, the bill increases the requisite amount from 3 days or 24 hours to no less than 5 days or 40 hours in a year. Additionally, for employers which accrue paid sick leave, the maximum accrual cap would increase from 6 days (or 48 hours) to 10 days (or 80 hours). The amendments would bring state law entitlements closer to the entitlements under local ordinances and more similar to San Diego’s sick leave ordinance, which happens to be where Assemblywoman Gonzalez Fletcher’s district sits.

If enacted into law, the proposed amendments would increase state sick leave entitlements and further complicate the interplay between state law and the various local ordinances.  Employers must follow the standard that confers the greatest benefit to the employee.

Please contact Jackson Lewis with any questions about this pending new law or paid sick leave compliance.

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Photo of Susan E. Groff Susan E. Groff

Susan E. Groff is a principal in the Los Angeles office of Jackson Lewis P.C. She is co-leader of the firm’s California Advice and Counsel resource group. The group delivers legal and practical guidance to assist employers in navigating what are frequently multi-disciplinary…

Susan E. Groff is a principal in the Los Angeles office of Jackson Lewis P.C. She is co-leader of the firm’s California Advice and Counsel resource group. The group delivers legal and practical guidance to assist employers in navigating what are frequently multi-disciplinary issues.

Susan counsels management on a host of labor and employment issues, including wage and hour laws, disability and leave management, harassment and discrimination complaints, workplace investigations, reductions in force, litigation avoidance, and discipline and termination questions.

Due to California’s nuanced and numerous disability and leave requirements, Susan dedicates much of her practice to advising employers on federal and California requirements for disability accommodation and protected leaves of absence. Importantly, she partners with employers not only on these technical disability and leave laws, but also on practical solutions in handling the same.

Susan also provides guidance to employers on California’s challenging wage and hour laws. In addition to day to day advice, she assists with employer audits, compensation plan reviews, and policies in this area.

Photo of Benjamin A. Tulis Benjamin A. Tulis

Benjamin Tulis is a principal in the Los Angeles, California, office of Jackson Lewis P.C. His practice focuses on advice and counsel within the labor and employment law sector. Ben is a member of the California Advice and Counsel resource group.

Ben counsels…

Benjamin Tulis is a principal in the Los Angeles, California, office of Jackson Lewis P.C. His practice focuses on advice and counsel within the labor and employment law sector. Ben is a member of the California Advice and Counsel resource group.

Ben counsels employers on a host of employment issues, including wage and hour laws, leaves of absence, employment-related agreements, incentive plans, independent contractor classifications, exempt/non-exempt classifications, company policies, reductions in force, workplace investigations, employee discipline, litigation avoidance and helping employers address legal developments on the fly as they arise. Ben assists employers with a wide variety of employment-related agreements, including but not limited to employment agreements, confidentiality agreements, commission agreements, incentive plans, contractor agreements, severance agreements, arbitration agreements and various other agreements with employees and third parties. Ben helps employers develop incentive arrangements, including commission arrangements with industry-specific compliance issues.