[Sign Up Now] to Receive Our FREE Daily SCVTV-SCVNews Digest by E-Mail

Inside
Weather
Santa Clarita CA
Sunny
Sunny
85°F
 
Calendar
Today in
S.C.V. History
August 19
1879 - Newhall civic leader Charles Henry Kingsburry born in Missouri [story]


stevenpleeOn July 13, 2015, the California Legislature passed Assembly Bill 304, which provides several key amendments to the recently enacted statewide paid sick leave law, the Healthy Workplaces, Healthy Families Act of 2014. Passed as emergency legislation, these amendments became effective immediately and are intended to clarify certain provisions of the original paid sick leave law. Below, I have highlighted the amendment’s most significant changes for employers.

Expanded Accrual Options

AB 304 provides a third sick-leave accrual method. Employers now have the option of using an alternative accrual method “provided that the accrual is on a regular basis so that an employee has no less than three days or 24 hours of accrued sick leave or paid time off by the 120th calendar day of employment, or each calendar year, or in each 12-month period.” This is important because it means that employers are no longer obligated to use the statutory accrual rate (i.e., one hour for each 30 hours worked), so long as the employee accrues three days or 24 hours of sick leave by the 120th day.

For employers that had Paid Time Off (PTO) policies in place prior to January 1, 2015, AB 304 also allows for a fourth accrual method. This option authorizes employers to continue using existing PTO accrual methods so long as:

(1) the accrual is on a regular basis;

(2) an employee earns no less than one day or eight (8) hours of accrued sick leave or PTO within three-months of employment, each calendar year, or each 12-month period; and

(3) the employee was eligible to earn at least three days or 24 hours of sick leave or PTO within nine months of employment.

Under the fourth accrual option, an employer cannot change its pre-January 1, 2015, accrual method as changes to the pre-existing accrual method will result in the policy being non-compliant and employers will have to use one of the other accrual options or the lump-sum option going forward. Employers can, however, increase the accrual rate.

Calculating the Rate of Pay

AB 304 offers employers more flexibility in calculating the rate of pay by providing an additional method of calculation.

For non-exempt employees with different hourly rates, paid sick time shall be calculated using one of the following two options:

(1) in the same manner as the regular rate of pay for the workweek in which an employee uses sick leave, whether or not the employee actually works overtime in that workweek; or

(2) by dividing the employee’s total wages, not including overtime premium pay, by the employee’s total hours worked in the full pay periods of the prior 90 days of employment.

For exempt employees, the amendments provide that an employer calculate paid sick leave the same way it calculates other forms of paid leave time.

Eligibility of Employees

AB 304 provides clarity for employee eligibility, stating that an employee must work for the same employer for at least 30 days in California in order to qualify for paid sick leave benefits.

Unlimited Paid Sick Leave Policies

The amendments allow employers that offer unlimited PTO or sick leave to their employees to satisfy notice requirements and remain in compliance by indicating “unlimited” on employees’ itemized wage statements.

Reinstatement of Accrued Paid Sick Days

The provisions of the original Act require employers to reinstate accrued paid sick days to employees who are re-hired within one year of separation.

Amendments under AB 304, clarify that an employer is not required to reinstate any PTO that was paid out to an employee at the time of separation.

Recordkeeping Obligations

AB 304 makes it clear that an employer no longer has the obligation to inquire into or record the purposes for which an employee uses sick leave or PTO. However, as provided under the original Act, an employer is still required to keep records for three years documenting the number of hours each employee worked and paid sick days accrued and used by an employee.

Recommendation

Employers may want to consider taking advantage of these new options by making changes to their policies and revising their employee handbooks.

If you have questions about the amendments to the paid sick leave law, or would like me to review your employee handbook free of charge, please don’t hesitate to contact me at my office, or email me directly at slee@mwgjlaw.com.

 

Steven P. Lee is an employment law partner with Myers, Widders, Gibson, Jones & Feingold LLP, with six offices including Valencia (27240 Turnberry Lane, Suite 200). With 21 years of legal experience, Lee has authored several articles on employment law issues and frequently lectures to business leaders and HR managers on employment law-related topics. He can be reached at (805) 644-7188, or slee@mwgjlaw.com. His commentary does not constitute legal advice.

Comment On This Story
COMMENT POLICY: We welcome comments from individuals and businesses. All comments are moderated. Comments are subject to rejection if they are vulgar, combative, or in poor taste.
REAL NAMES ONLY: All posters must use their real individual or business name. This applies equally to Twitter account holders who use a nickname.

1 Comment

  1. Lisa Stowell McGee check this link out

Leave a Comment


Latest Additions to SCVNews.com
1879 - Newhall civic leader Charles Henry Kingsburry born in Missouri [story]
1946 - Pioneering Placerita Canyon movie producer Trem Carr dies in San Diego [story]
The JetHawks got some much-needed offense to beat Stockton, 9-7, Thursday night at The Hangar to end a five-game losing streak.
Offense Comes Through, JetHawks End 5-Game Skid
The Canyon Country Community Center’s next Sock Hop is scheduled for Saturday, Aug. 25, beginning at 7 p.m.
Aug. 25: Sock Hop at Canyon Country Community Center
Results of the first full year of Measure H funding are in, demonstrating widespread progress as services ramped up and thousands of individuals and families were housed temporarily or permanently, Los Angeles County officials said Friday.
Measure H First Year: Housing for 7,500, Help for Thousands More
The fire that destroyed the historic Big Oaks Lodge on Bouquet Canyon Road in Saugus Aug. 11-12 was an accident, Sgt. John Hanson of the Los Angeles County Sheriff's Department's Arson & Explosives squad said Friday morning.
Big Oaks Lodge Fire an Accident, Arson Investigators Say
Lawmakers advanced a controversial bill Thursday that aims to reform California’s money bail system though recent amendments have alarmed advocates who say the current bill could authorize prosecutors and judges to promote indefinite pretrial detention.
State Lawmakers Advance Bail Overhaul, Police Transparency Bills
Nightly lane closures are scheduled to start Monday on Sierra Highway near Highway 14 as crews begin a paving project in and near the city of Santa Clarita, the California Department of Transportation announced Friday.
Caltrans to Repave 19 Miles of Sierra Highway in SCV
The Western Association of Schools and Colleges' Senior College and University Commission has placed The Master's University & Seminary on probation after a visiting WSCUC team in March found TMUS out of compliance with numerous accreditation standards.
‘Climate of Fear,’ Admin Issues Lead to Probation for The Master’s University
Reversing a trial court and an appellate panel, the California Supreme Court ruled Thursday that asylum-seeking children with one parent living in the United States need only notify the foreign parent of their plans to seek resident status in the U.S.
California Justices Lift Custody Hurdle for Asylum-Seeking Kids
1920 - Actress Maureen O'Hara born in Ireland; 1961 "Parent Trap" uses Disney Golden Oak Ranch [story]
The County of Los Angeles Department of Parks and Recreation, in collaboration with The Friends of Hart Park, presents its, “7th Annual Summer Movies in the Park Series."
Aug. 17: Black Panther to Close Out Summer Movies in the Park Series
LANCASTER – The University of Antelope Valley (UAV) baseball program is pleased to announce the additions of 6-1 utility player Edmond Marcotte, 6-0 utility player Kyle Lathrop, and 6-1 pitcher Austin Grabbit, with all three players coming over to UAV from Antelope Valley College in Lancaster, Calif.
University of Antelope Valley Adds 3 New Players to Baseball Program
College of the Canyons is partnering with AMS Fulfillment to offer 30 pre-apprenticeships in the logistics field—one of the fastest growing industries in Los Angeles County—to individuals who need job readiness skills to gain employment.
COC Partners with Local Fulfillment Company to Offer Pre-Apprenticeships
Children and young adults need to be protected before heading back to school.
County Encourages Parents to Stay Current on School Immunizations
Well, I don't know but I've been told, you’ll never slow down, you’ll never grow old with the music of Tom Petty and the Heartbreakers.
Tom Petty & the Heartbreakers Tribute Band Free Falls into Concerts in the Park
Mayor Laurene Weste, Mayor Pro Tem Marsha McLean, Councilmembers Bob Kellar, Bill Miranda and Cameron Smyth cordially invite you to the 2018 State of the City Luncheon to be held on Thursday, Oct. 25, at 11:30 a.m., at the Hyatt Regency Valencia.
Oct. 25: “Santa Clarita – City of the Arts” State of the City Luncheon
To keep grass at parks green and lush despite constant use, the city of Santa Clarita Parks division works hard to maintain the high quality fields residents love.
City Aerates, Renovates Parks Ahead of Fall
The Saugus Union School District is very pleased to announce the awarding of two grants to provide arts education in the district.
County Arts Commission, Music Center Awarding Grants to Saugus Union
The New Heights Artist Development Series will be holding a free presentation on taxes and artists.
Aug. 23: New Heights Artist Development Series, “Taxes and the Artist”
After thirteen years of service, Saugus Union School District (SUSD) Governing Board Member Paul De La Cerda announced on Friday that he will not be seeking re-election.
Saugus School Board Member to Pursue Doctorate; Won’t Seek Re-Election
LANCASTER, Calif. – On the heels of their longest winning streak of the season, the Lancaster JetHawks are in the midst of their longest losing streak after a 6-4 defeat at the hands of Stockton Wednesday night at The Hangar. The loss was Lancaster’s fifth in a row.
Stockton Hands JetHawks 5th Straight Loss
Los Angeles County Sheriff’s Department’s Missing Persons Unit detectives are seeking the public’s assistance in locating Wayne Stuart Habell.
Detectives Seek Help in Locating Missing Fire Captain
LOS ANGELES – According to the South Coast Air Quality Management District, air quality will be unhealthy for sensitive individuals in Santa Clarita Valley tomorrow, Friday, Aug. 17.
Unhealthy Air Quality Declared in SCV Friday
1956 - Battle of Palmdale rages over the skies of Santa Clarita [story]
The Los Angeles County Board of Supervisors has selected Ricardo Garcia to be the county’s new Public Defender.
Supes Name Ricardo Garcia New LA County Public Defender
The seven Los Angeles County animal shelters including the Castaic Animal Care Center will offer $20 adoption fees for dogs and free adoption for cats on Saturday, August 18 from 10 a.m. to 6 p.m.
Aug. 18: Cheap, Free Pet Adoptions at Castaic Shelter
The U.S. Interior Department is against adding the Rim of the Valley Corridor to the Santa Monica Mountains National Recreation area, and it won't take a stand on the proposed St. Francis Dam Memorial legislation because it's an issue for the Agriculture Department, not the Interior Department.
Park Service Opposes Rim Addition, Defers on Dam Bill
Air quality will be unhealthy for sensitive people in the SCV on Thursday, according to an advisory from the South Coast Air Quality Management District.
Air Quality Unhealthy for SCV Residents Thursday
FOX Sports Prime Ticket, in partnership with the CIF Southern Section, will launch its TV-web coverage of the 2018 high school football season on Friday, Aug. 17.
Aug. 17: Friday Night High School Football Returns to Prime Ticket
The Lancaster JetHawks scored twice and put the tying run on base in the bottom of the ninth inning, but it was not enough in a 5-4 loss to the Stockton Ports Tuesday night at The Hangar.
Late JetHawks Rally Comes Up Short Against Ports
The Los Angeles Dodgers reinstated left-handed pitcher Alex Wood from the 10-day disabled list Thursday and placed right-handed pitcher John Axford on the 10-day disabled list with a fractured right fibula.
Dodgers Reinstate Pitcher Alex Wood
The Santa Clarita Valley Sheriff's Station has released its crime and public safety information report for Stevenson Ranch (Zone 3) for the week of Aug. 6-12, 2018.
Crime Blotter: Grand Theft, GTA in Stevenson Ranch
1849 - Eight-pound gold nugget found in San Feliciano Canyon (Val Verde/Piru area) [story]
Here is a list of Santa Clarita arts-related events for Aug. 15 - Aug. 17:
Aug. 15-17: Santa Clarita Arts Calendar