HEALTHY WORKPLACE, HEALTHY FAMILES ACT OF 2014 : Assembly Bill No. 1522

This article covers the specifics of the California Healthy Workplace, Healthy Families Act that was enacted some years back. Since its enactment there have been multiple amendments. Some of the amendments have provided additional sick days and protections to employees. If you are looking for a less legalistic, more non-lawyer friendly explanation of this law click here.

California employee sick pay/leave rights began with a bill that would prohibit an employer from discriminating or retaliating against an employee who requests paid sick days. It is still unlawful to discriminate or retaliate against an employee for exercising their rights under this law. Additionally, the bill would require employers to satisfy specified posting and notice and recordkeeping requirements.

According to Legislative Counsel's Digest, the legislature enacted this law because:

• Nearly every worker in the State of California will at some time during the year need some time off from work to take care of his or her own health or the health of family members.
• Many workers in California do not have any paid sick days, or have an inadequate number of paid sick days, to care for their own health or the health of family members.
• Low-income workers are significantly less likely to have paid sick time than other workers.
• Providing workers time off to attend to their own health care and the health care of family members will ensure a healthier and more productive workforce in California.
• Paid sick days will have an enormously positive impact on the public health of Californians by allowing sick workers paid time off to care for themselves when ill, thus lessening their recovery time and reducing the likelihood of spreading illness to other members of the workforce.
• Paid sick days will allow parents to provide personal care for their sick children. Parental care ensures children’s speedy recovery, prevents more serious illnesses, and improves children’s overall mental and physical health.
• Providing paid sick days is affordable for employers and good for business.
• Employers who provide paid sick days enjoy greater employee retention and reduce the likelihood of employees coming to work sick. Studies have shown that costs of decreased productivity caused by sick workers exceed the costs of employee absenteeism.
• Many adults have significant elder care responsibilities requiring them to take time off from work or to work reduced hours.
• Employees frequently lose their jobs or are disciplined for taking sick days to care for sick family members or to recover from their own illnesses.
• Workers whose jobs involve significant contact with the public, such as service workers and restaurant workers, are very unlikely to have paid sick days. Often, these workers have no choice but to come to work when they are ill, thereby spreading illness to coworkers and customers.
• Domestic violence and sexual assault affect many persons without regard to age, race, national origin, sexual orientation, or socioeconomic status.
• Domestic violence is a crime that has a devastating effect on families, communities, and the workplace. It impacts productivity, effectiveness, absenteeism, and employee turnover in the workplace. The National Crime Survey estimates that 175,000 days of work each year are missed due to domestic violence.
• Survivors of domestic violence and sexual assault may be vulnerable at work when trying to end an abusive relationship because the workplace may be the only place where the perpetrator knows to contact the victim. Studies show that up to one-half of domestic violence victims experience job loss. Forty percent reported on-the-job harassment. Nearly 50 percent of sexual assault survivors lose their jobs or are forced to quit in the aftermath of the assaults.
• Affording survivors of domestic violence and sexual assault paid sick days is vital to their independence and recovery.

In enacting this act, it was the Legislature's intent to do the following:

• Ensure that workers in California can address their own health needs and the health needs of their families by requiring employers to provide a minimum level of paid sick days including time for family care.
• Decrease public and private health care costs in California by enabling workers to seek early and routine medical care for themselves and their family members and to address domestic violence or sexual assault.
• Protect employees in California from losing their jobs while they use sick days to care for themselves or their families.
• Provide economic security to employees in California who take time off from work for reasons related to domestic violence or sexual assault.
• Safeguard the welfare, health, safety, and prosperity of the people of and visitors to California.

CALIFORNIA LABOR CODE SECTION 246 SICK PAY LAW TEXT OF THE STATUTE

California sick pay laws begin at California Labor Code Section 246 which reads as follows:

§ 246. Entitlement; Accrual; Use of accrued paid sick days; Carryover; Separation from employment; Written notice of available paid sick leave; Calculation of paid sick leave; Workgroup and guidance for implementation for in-home supportive services providers