I heard that the DLSE recently attempted to clarify some aspects of the new Paid Sick Leave law. What’s that about?

Q.     I heard that the DLSE recently attempted to clarify some aspects of the new Paid Sick Leave law. What’s that about?

A.     Back in June, the BMJ employment team identified some ambiguities presented in the new Paid Sick Leave law for a Fresno Business Journal article.  In short, the Paid Sick Leave law requires 24 hours or 3 days of paid sick leave.  Our article explored what “three days” means in the context of a alternative work schedule, such as when an employee works four 10-hour days. Below is a link to our original article.

http://www.bakermanock.com/sites/default/files/publications/Business%20Journal%20June%2026_15_New%20Paid%20Sick%20Leave%20Law_by%20Steven%20Crass.pdf

On August 7, 2015, the Department of Industrial Relations (“DLSE”) issued an opinion letter addressing the seminal question posed in our article.  In sum, the DLSE stated where an employee has a regular schedule that exceeds 8 hours a day, then the employer is required to provide the equivalent of three days of paid sick leave, even if the total sick leave would exceed 24 hours.  Accordingly, if an employee regularly works a 10-hour workday (as noted in our example above), then the employee is entitled to 30 hours of paid sick leave.  Below is a link to the opinion letter.

http://www.dir.ca.gov/dlse/opinions/2015.08.07.pdf

Unfortunately, the opinion letter did not address the more complex issues noted in the article, such as the situation where an employee does not have a “regular schedule” or if the employee does have a regular schedule, but it changes.  Until those issues (and a few others) are resolved, the Paid Sick Leave law will remain convoluted.

…..here at BMJ we are still sick and tired of the Paid Sick Leave law.

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