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March 4, 2015

Continuing Expansion of Paid Sick Leave Laws in the States (article)

Continuing Expansion of Paid Sick Leave Laws in the States

State and local governments continue the trend of requiring paid sick leave laws, most recently in the City of Philadelphia.  In addition, employers in California have revised posting obligations relating to the state’s paid sick leave law.

 

Philadelphia – Promoting Healthy Families and Workplaces Ordinance

Beginning May 13, 2015, the Promoting Healthy Families and Workplaces Ordinance requires employers employing 10 or more employees to provide one hour of paid sick leave for every 40 hours worked by their employees.  Employers with fewer than 10 employees are required to provide unpaid sick leave under the same criteria and conditions.  Eligible employees are those who work at least 40 hours a week within the geographical boundary of the City of Philadelphia.

 

The earned sick time can be used to care for an illness, injury or medical condition of the employee, or the employee’s spouse or life partner, child, grandchild, sibling or sibling’s spouse, parent or legal guardian, or the employee or spouse’s grandparent and their spouse.  In addition, leave may be taken to address the psychological, physical or legal effects of domestic violence.  Employees can begin to use the accrued leave following their 90th day of employment.  Up to 40 hours of accrued leave can be carried over year to year. 

 

If an employer’s leave policy mirrors or exceeds the requirements of the Ordinance, the employer will not be obligated to change its policy. This law contains both employee and employer notice obligations and posting requirements, as well as recordkeeping requirements.

 

California Sick Leave Notification

The California’s paid sick leave law requires employers to provide a minimum of one hour of paid sick leave for every 30 hours worked by their employees beginning July 1, 2015 (see California Paid Sick Leave, Benefit Beat, 10/4/14). 

Beginning January 1, 2015, employers were required to display a workplace poster describing the right to paid sick leave as well as provide employees with a wage notice form containing sick leave information.  Recently, the Division of Labor Standards Enforcement (DLSE) modified the required notification requirement such that all new hires employed on or after January 1, 2015 must be provided notification about the paid sick leave law upon their date of hire.  Employers must provide the same notification to their existing employees by July 8, 2015. The DLSE’s website provides resources for employers, including the required poster and notice to employees (available in English, Spanish and Vietnamese), together with FAQs and Fact Sheets.

 The information contained in this article is provided as general guidance and may be affected by changes in law or regulation. This article is not intended to replace or substitute for accounting or other professional advice. Please consult a CBIZ professional. This information is provided as-is with no warranties of any kind. CBIZ shall not be liable for any damages whatsoever in connection with its use and assumes no obligation to inform the reader of any changes in laws or other factors that could affect the information contained herein.

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