To: Board of Supervisors
From: Human Resources
Agenda Section: Consent
Vote Requirement: Majority
SUBJECT:
title
Consider Modifications to and Re-title of the Policy: AB 1522 Sick Leave Law (S/L 3D), to California Sick Leave Law
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RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Approve the re-title of the County Policy currently titled AB 1522 Sick Leave Law (S/L 3D) (Attachment A) to California Sick Leave Law, and
2. Consider the amendments to the California Sick Leave Law (Attachment B) policy to reflect updates to the Healthy Workplaces, Healthy Families Act of 2014 made as a result of SB 616, and
3. Adopt a resolution (Attachment C), adopting the California Sick Leave Law policy as official county policy, effective Jan. 1, 2024.
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SOURCE OF FUNDING:
All County funds
DISCUSSION:
Assembly Bill 1522 enacted the Healthy Workplaces, Healthy Families Act of 2014 and was approved by the Governor on Sept. 10, 2014, becoming effective July 1, 2015. The bill provided the following:
• An employee who, on or after July 1, 2015, works in California for 30 or more days within a year from the commencement of employment is entitled to paid sick days for prescribed purposes to be accrued at a rate of no less than one hour for every 30 hours worked.
• An employee would be entitled to use accrued sick days beginning on the 90th day of employment.
• An employer may limit an employee’s use of paid sick days to 24 hours or 3 days in each year of employment.
• An employer is prohibited from discriminating or retaliating against an employee who requests paid sick days.
• Employees covered by qualifying collective bargaining agreements and In-Home Supportive Services providers are not covered by this law.
Senate Bill 616, approved by the Governor on Oct. 14, 2023, and effective Jan. 1, 2024, expanded the act by providing the following:
• No less than a total of 40 hours of accrued sick leave be provided to eligible employees by the 200th calendar day of employment, or each calendar year, or in each 12-month period.
• Provides leave to in-home support services providers.
• Extends the deadline for the initial 24 hours of sick leave to the employee’s 120th calendar day of employment.
• Increases the sick leave carryover to 40 hours or 5 days in each year of employment.
• Increases the employer’s authorized limitation on the use of carryover sick leave to 40 hours or 5 days in each year of employment.
• Increases the accrual thresholds for paid sick leave to 80 hours or 10 days.
The California Sick Leave Law provides procedural guidance for the county to implement this legislation.
FINANCIAL IMPACT:
Each department has been tasked with managing these costs within their budget. It is unknown what the full impact of suggested changes to the policy would cost at this time.
STRATEGIC FRAMEWORK:
This action supports the following areas of your Board’s Strategic Framework.
Core Roles: Enforce laws and regulations to protect residents
New Initiatives: N/A
Strategic Plan: N/A
OTHER AGENCY INVOLVEMENT:
N/A
ALTERNATIVES TO STAFF RECOMMENDATIONS:
Should the Board decide not to adopt modifications to this policy, the policy will not longer be in compliance with state law.
ATTACHMENTS:
A: County Policy AB 1522 Sick Leave Law (S/L 3D)
B: California Sick Leave Law
C: Resolution No.
PREVIOUS ACTION/REFERRAL:
Board Order No.: C-8
Meeting of: September 8, 2015
File No.: N/A