A Reminder: Home Care Workers Will Be Entitled to Paid Sick Leave Beginning July 1, 2018

Image result for home care workerUnder California’s Healthy Workplaces, Healthy Families Act of 2014, in-home supportive services (IHSS) workers were specifically excluded from eligibility to receive paid sick leave.  However, beginning July 1, 2018, Senate Bill 3, enacted in 2016, will end the exclusion and extend paid sick leave to IHSS workers.

IHSS workers will initially not be entitled to reach the three days or 24 hours of paid sick leave other eligible California workers may receive.  Rather, SB 3 provides that IHSS workers may earn a “full amount” of paid sick leave in which will be increased as the state minimum wage increases, as follows:

  • Eight hours or one day in each year of employment, calendar year, or 12 month-period beginning July 1, 2018;
  • 16 hours or two days once the California state minimum wage reaches $13; and
  • 24 hours or three days once the California state minimum wage reaches $15.

To be eligible, they must work in California for an employer at least 30 days within a year from the commencement of employment.  Accrual requirements for IHSS workers are the same as those for other employees, and generally require accrual at the rate of one hour of paid sick leave for every 30 hours worked.

Employers are reminded that local paid sick leave laws may also apply to IHSS workers.

Upcoming Seminar: New Laws for 2018

Wednesday, January 24, 2018 
Location: Ervin Cohen & Jessup LLP
Registration time: 9:00 AM
Seminar time: 9:30 AM – 11:00 AM
Presented by: Kelly O. Scott
Parking Validation & Continental Breakfast Provided

Register HERE

This blog is presented under protest by the law firm of Ervin Cohen & Jessup LLP.  It is essentially the random thoughts and opinions of someone who lives in the trenches of the war that often is employment law–he/she may well be a little shell-shocked.  So if you are thinking “woohoo, I just landed some free legal advice that will fix all my problems!”, think again.  This is commentary, people, a sketchy overview of some current legal issue with a dose of humor, but commentary nonetheless; as if Dennis Miller were a lawyer…and still mildly amusing.  No legal advice here; you would have to pay real US currency for that (unless you are my mom, and even then there are limits).  But feel free to contact us with your questions and comments—who knows, we might even answer you.  And if you want to spread this stuff around, feel free to do so, but please keep it in its present form (‘cause you can’t mess with this kind of poetry).  Big news: Copyright 2017.  All rights reserved; yep, all of them.

If you have any questions about this article, contact the writer directly, assuming he or she was brave enough to attach their name to it.  If you have any questions regarding this blog or your life in general, contact Kelly O. Scott, Esq., commander in chief of this blog and Head Honcho (official legal title) of ECJ’s Employment Law Department.