Mandatory Paid Sick Leave Act of 2014
Below is a quick summary of the Mandatory Paid Sick Leave Act. This act applies to ALL employers as of July 1, 2015.
- The Healthy Workplaces, Healthy Families Act of 2014 requires employers to provide a minimum level of paid sick days including time for family care.
- Employee count is not a factor. Nearly all employers will be required to provide this benefit with very few exceptions.
- The few exceptions to the rule are as follows:
a. Union contracts that provide for paid sick leave for employees.
b. Union contracts for construction employees.
c. In-home supportive service providers under certain sections of the Welfare Code.
d. Aviation employees.
e. Employer already provides a PTO/paid leave policy as long it is for the same purpose with the same conditions as the act.
- The employer must provide the employee with one hour of sick pay for every 30 hours worked. Exempt employees will receive 1 hour of sick pay for every 40 hours deemed to work. This amount began to accrue as of 7/1/15. All hours (overtime and regular) are included.
- Employers are allowed to provide a lump sum at the beginning of the year with a minimum of 3 days per year.
- Employers can set a cap of 6 paid sick days per year.
- Unless employers provide a lump sum at the beginning of the year, accrued sick days carryover to following years.
- Employees must meet a 90-day probationary period before they are able to accrue paid sick leave.
- Employees can use this to care for a family member (child, parent, spouse, grandparent/child, or sibling).
- Sick time must be paid at the employee’s hourly wage and paid no later than the payday for the next regular payroll period. Unused sick days need not be paid at separation.
- An employer must provide an employee with a written notice that indicates amount of paid sick leave available, either through a pay stub or other form of written document provided with the payment of wages.
- Employers will be required to provide a new poster with the rules surrounding the act. This poster must be located in a conspicuous place.
- Records for all employees’ hours worked and sick time taken must be kept for at least three years.
- Employers cannot retaliate against an employee who uses accrued leave hours in compliance with the act.
The above is a summary of the new Healthy Workplaces, Healthy Families Act of 2014 and is not meant to provide every detail required of an employer. If you have any questions regarding the new laws and how they may affect your business, please call us and we will work with you to understand the law and how your business is affected by the law.