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Legal Alert

California Enacts "Fix-It" Legislation to Cure Ills of Paid Sick Leave Law


California’s paid sick leave law went into effect on July 1, 2015, but soon found itself in the emergency room with many unpleasant side effects. On July 13, Governor Brown signed AB 304 into law, which fixes many of the defects and ambiguities in the original law (AB 1522) that confounded employers as they tried to enact paid sick leave policies by July 1.  AB 304 primarily clarifies:

What Does This Mean for Employers?
Generally, this revised law is good for employers.  It makes existing paid sick leave and PTO policies compliant if they meet certain minimum thresholds, which means that many employers will not have to write new policies. While it clarifies some other important ambiguities, AB 304 does not address all uncertainties in the original legislation.  For example, it does not address whether an employer can require a doctor’s excuse for a paid sick day. Given the strict non-retaliatory provisions in the law, our recommendation is that doctors’ excuses not be required of employees who use paid sick days.

We encourage employers to engage with their labor and employment counsel to determine whether their existing policies satisfy the requirements of the paid sick leave law, especially if they did not do so before July 1, 2015. 

If you have any questions about this law or how it may affect your business, please contact your Fisher Phillips attorney or one of our attorneys in our California offices.

Irvine: (949) 851-2424

Los Angeles: (213) 330-4500

San Diego: (858) 597-9600

San Francisco: (415) 490-9000

This Legal Alert provides an overview of a specific state law. It is not intended to be, and should not be construed as, legal advice for any particular fact situation.

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