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The Turley & Mara Law Firm, APLC

Employees Who Do Not Have to Be Covered by California’s Mandatory Paid Sick Time Law

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“When I seek out professional advice, I don’t want B.S. I want it straight up, with no double talk. I figure do also. I always use plain English, with no sugarcoating no B.S. lawyer talk, and no double talk - just old fashioned, unsweetened, unvarnished truth-just the way that I would want it.” - Bill Turley

California Wage Hour Attorney Sick Leave Lawyer

Healthy Workplaces, Healthy Familes Act

The Healthy Workplaces, Healthy Families Act (HWHFA) requires all employers in California to provide paid sick leave for any employee who has worked longer than 30 days. While the law is a big step toward improving the lives of workers and families, some employees will not be able to enjoy these benefits due to conflicts with other regulations.

Employees who do not have to be given paid sick time under the Healthy Workplaces, Healthy Families Act include:

  • Construction workers. Any construction worker who performs onsite work—including building, excavation, renovation, remodeling, demolition, repair or maintenance, repair work, or other construction industry tasks—shall not be covered by HWHFA if his or her collective bargaining agreement expressly provides for the hours of work, wages, and working conditions of employees, premium wage rates for all overtime, and regular hourly pay of at least 30 percent more than the state minimum wage rate. In addition, the agreement must either have been entered into before January 1, 2015, or include clear and unambiguous language that waives the requirements of HWHFA.
     
  • Unionized workers. Workers who are members of any union that has a valid collective bargaining agreement that provides clear terms for wages, hours of work, working conditions, premium wage rates for all overtime hours, and regular hourly pay at least 30 percent more than the state minimum wage rate shall be covered by the terms of their agreement if the agreement 1) expressly provides paid sick days, paid leave, or a paid time off policy that permits the use of sick days; and 2) allows final and binding arbitration of any disputes between employers and employees over the use of paid sick days.
     
  • In-home caretakers. Workers who provide in-home supportive services (such as cooking, yard work, cleaning, personal care services, driving services, teaching, supervision, and other in-home assistance) are subject to the protections of the Welfare and Institutions Code.
     
  • Airline employees. Any flight deck or cabin crew member working for an air carrier who is covered under the provisions of Title II of the federal Railway Labor Act does not have to be given paid sick time under HWHFA as long as the worker has compensated time off equal to or exceeding the amount established in paragraph 1 of subdivision (b) of Section 246.

What If My Employer Denies My Request for Sick Leave?

Many workers are forced to cope with employers stealing their hard-earned wages and denying their benefits, simply because they don’t know their rights. If you have been off work due to an illness and were not provided with your mandatory pay, you should learn as much about California wage laws as possible before you file a claim. Use the links below to get more information or fill out the contact form on this page to ask us a question about your case.

What If My Employer Doesn't Provide Sick Leave?

If this is the case, they may be in violation of California law.  Your remedy may depend on the size of the employer.  Call is if you have questions.

619-234-2833

Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation. Thanks, Bill Turley

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