Employment: paid sick days.
Summary
Existing law authorizes employers to provide their employees paid sick leave. This bill would provide that an employee who works in California for 7 or more days in a calendar year is entitled to paid sick days, as defined, which shall 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 calendar day of employment. The bill would require employers to provide paid sick days, upon the request of the employee, for diagnosis, care, or treatment of health conditions of the employee or an employee's family member, or for leave related to domestic violence or sexual assault. An employer would be prohibited from discriminating or retaliating against an employee who requests paid sick days. The bill would require employers to satisfy specified posting and notice and recordkeeping requirements. The bill would also make conforming changes. This bill would require the Labor Commissioner to administer and enforce these requirements, including the promulgation of regulations, investigation, mitigation, and relief of violations of these requirements. This bill would authorize the Labor Commissioner to impose specified administrative fines for violations and would authorize an aggrieved person, the commissioner, the Attorney General, or an entity a member of which is aggrieved to bring an action to recover specified civil penalties against an offender, as well as attorney's fees, costs, and interest. The bill would specify that it does not apply to employees covered by a collective bargaining agreement that provides for paid sick days, nor does it lessen any other obligations of the employer to employees. This bill would further specify that it does not apply to employees in the construction industry covered by a collective bargaining agreement if the agreement expressly waives the requirements of this article in clear and unambiguous terms. However, the bill would specify that it applies to certain public authorities, established to deliver in-home supportive services, except where a collective bargaining agreement provides for an incremental wage increase sufficient to satisfy the bill's requirements for accrual of sick days.
Bill status
failed
1 of 4 stages cleared
Introduction
Feb 2009
Committee Review
Floor Vote
Governor
Introduced Feb 27, 2009
Last action Feb 2, 2010
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
10
Key actions
4
Committee
6
May 28, 2009
Lower · Passed
In committee: Set, second hearing. Held under submission.
lower
May 13, 2009
Committee
In committee: Set, first hearing. Referred to APPR. suspense file.
lower
Apr 28, 2009
Lower · Passed
From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 7. Noes 3.) (April 27).
lower
Apr 23, 2009
Lower · Passed
From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 4. Noes 2.) (April 22).
lower
Mar 26, 2009
Committee
Referred to Coms. on L. & E. and JUD.
lower
Mar 1, 2009
Lower · Passed
From printer. May be heard in committee March 30.
lower
Feb 27, 2009
Introduced
Introduced. To print.
lower
1 primary · 2 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
FM
Fiona Ma
DDemocratic
Co
Jerry Hill
DDemocratic
Co
Nancy Skinner
DDemocratic
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