Mandatory Sick Leave Law Temporarily Shelved

In its continuing effort to drive businesses out of California, the State Assembly had proposed and passed AB 2716 (authored by Assemblywoman Fiona Ma, D-SF).  This law would have required ALL businesses in California to offer paid sick leave for all employees, whether part-time or full-time.

For now, that proposal has been shelved by the Senate Appropriations Committee, which discovered that the bill would be very costly to state government.  The current state budget will not withstand such an addition, but Ma says she will reintroduce the proposal next year. Some have estimated that the proposal would have cost California 370,000 jobs.

Because of a law already passed in California, the new proposal would have gone far beyond simply paying an employee to stay home with the flu.  Labor Code section 233 provides that if an employer affords paid sick leave to its employees, it must also permit the employees to take off for what has been called “kin care”.  Specifically, in addition to taking days for their own illnesses, employees also get to call in sick to “attend to an illness of a child, parent, spouse or domestic partner.”
 

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