Under 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
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