Assembly Bill 1522, the “Healthy Workplaces, Healthy Families Act of 2014 (the ‘Act’)” was passed by California’s legislature in September 2014, and became effective on July 1, 2015.
The Act was amended on July 13, 2015 to address various accrual provisions and to clarify how employees were to be paid when using accrued sick leave. One issue that was not addressed by the amendments was the amount of sick leave owed to employees who worked “non-traditional work weeks.” Would an employee who worked a ten hour shift be entitled to 30 hours of leave (three days at 10 hours per day) or only with 24 hours of leave on the theory that a “day” is limited to a maximum of eight hours?
On August 7, 2015, California’s Labor Commissioner issued an Opinion Letter which states that a “day” is not limited to eight hours. The Labor Commissioner clarified that if an employee’s regular work hours are 10 hours per day, a “paid sick day” for that employee would be calculated using a 10 hour day rather than an eight hour day. Accordingly, if an employer chooses to comply with the Act by “front loading” three days of sick leave at the beginning of the calendar year, the “full amount of leave” the employer would need to front load would be 30 hours.
If, on the other hand, an employee regularly works a six hour day, the employer must provide 24 hours of sick pay not 18. The Labor Commissioner interpreted the Act to require the employer to provide the employee with a minimum of 24 hours irrespective of the number of hours an employee worked in a day. The Labor Commissioner writes:
“Because [the Act’s] statutory language specifies a minimum labor standard, and in order to give effect to this minimum standard for all employees, including those that may work more or less than eight hours per day, the language must necessarily be interpreted as requiring ‘24 hours or three days’ of paid sick leave, whichever is more for an employee.”
Because the Act applies to “seasonal” and “part time” employees, the Labor Commissioner’s opinion means that an employee who regularly works less than eight hours per day, will be entitled to 24 hours of paid sick leave per year, just as an employee who regularly works more than 8 hours per day will be entitled to receive the actual number of hours worked in a three day period.
The Labor Commissioner’s opinion provides important clarification on the requirements of the Act and will likely be followed by additional opinions as the Act is implemented by employers in the state.
The Labor Commissioner’s Opinion can be reviewed by clicking here.
This document is intended to provide you with information about employment and labor law related developments. The contents of this document are not intended to provide specific legal advice. This communication may be considered advertising in some jurisdictions.