California Considers Legislation for Five Days of Paid Sick Leave

California is making strides towards ensuring workers have access to paid sick leave. Proposed legislation currently being forwarded in the state Senate aims to guarantee a minimum of five days of paid sick leave for workers. This move comes in response to the need for comprehensive employee benefits, especially in light of the ongoing COVID-19 pandemic.

Current California laws on paid sick leave

Under current California laws, full-time, part-time, and temporary workers who have been employed by the same employer for at least 30 days within a year and complete a 90-day employment period are entitled to paid sick leave. However, new legislation seeks to enhance these provisions.

Amendments proposed in SB-616

The proposed legislation, known as SB-616, aims to amend Section 246 of the code. The key modification envisions allowing employers to adopt alternative accrual methods, as long as the accrual is regular and ensures that employees have a minimum of 24 hours of accrued sick leave or paid time off (PTO) by the 120th calendar day of employment or each calendar year, or in each 12-month period.

Alternative Accrual Methods

Under SB-616, employers can provide no less than 24 hours or three days of paid sick leave that is accessible to the employee throughout their employment, and no less than 40 hours or five days of paid sick leave by the completion of the employee’s 200th calendar day of employment. This flexibility aims to accommodate various employment models while ensuring workers have sufficient sick leave.

Employee entitlement to use paid sick days

SB-616 guarantees that employees can start utilizing their accrued paid sick days beginning on the 90th day of employment. This provision acknowledges the importance of providing workers with the necessary time off to prioritize their health and well-being.

Paid COVID-19 sick leave benefits during the pandemic

Recognizing the immense challenges posed by the COVID-19 pandemic, California introduced a paid COVID-19 sick leave benefit for workers. This temporary measure aims to safeguard employees’ health, prevent the spread of the virus, and alleviate financial burdens during these uncertain times.

Opposition from employer groups

Despite the benefits brought about by the proposed legislation, a coalition of employer groups has expressed opposition. These groups argue that many small businesses are still grappling with financial setbacks resulting from the pandemic. They contend that the implementation of additional leave mandates would further strain these struggling businesses.

Support for more paid sick days

Conversely, various stakeholders have expressed support for granting workers more paid days for when they are sick. One advocacy group, the California Work & Family Coalition, emphasizes that parents, in particular, are often compelled to send their children to school even when they are unwell due to the lack of adequate time off work. They assert that three days of paid sick leave is insufficient, calling for a greater number of paid sick days for employees.

As the proposed legislation for five days of paid sick leave advances through the California Senate, it brings hope for improved employee benefits and overall worker well-being. While some employer groups raise concerns about financial recoveries, others believe that granting workers more paid sick days is essential. Striking the right balance will require careful consideration of the needs of both employers and employees, ensuring that all parties can thrive in the evolving work landscape.

Explore more