California 2015-2016 Regular Session Status: Enacted 1 R cosponsors

AB 304 — Sick leave: accrual and limitations.

Last action — Chaptered by Secretary of State - Chapter 67, Statutes of 2015.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 12, 2015. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) The Healthy Workplaces, Healthy Families Act of 2014 provides, among other things, that an employee who, on or after July 1, 2015, works in California for 30 or more days within a year from the commencement of employment is entitled to paid sick days for prescribed purposes, to be accrued at a rate of no less than one hour for every 30 hours worked. This bill would require that the employee do that work for the same employer in order to qualify for accrued sick leave under these provisions. This bill would exclude a retired annuitant of a public entity, as specified, from the definition of employee under these provisions. The bill would authorize an employer to provide for employee sick leave accrual on a basis other than one hour for each 30 hours worked, provided that the accrual is on a regular basis and the employee will have 24 hours of accrued sick leave available by the 120th calendar day of employment. (2) Existing law entitles an employee to use accrued paid sick days beginning on the 90th day of employment. Existing law permits an employer to limit an employee's use of paid sick days to 24 hours or 3 days in each year of employment. Existing law requires an employer to provide an employee with written notice of the amount of paid sick leave available, or paid time off leave an employer provides in lieu of sick leave, as specified. Existing law provides that an employer is not required to provide additional paid sick days if the employer has a paid leave policy or paid time off policy, the employer makes available an amount of leave for specified uses, and the policy either satisfies specified accrual, carry over, and use requirements or provides no less than 24 hours or 3 days of paid sick leave for each year of employment or calendar year or 12-month basis. This bill would authorize an employer to limit an employee's use of paid sick days to 24 hours or 3 days in each year of employment, a calendar year, or a 12-month period. This bill would, for specified industries, delay the application of the notice requirement. The bill would permit an employer who provides unlimited sick leave to its employees to satisfy notice requirements by indicating "unlimited" on the employee's itemized wage statement. The bill would require an employer to calculate paid sick leave based upon an employee's regular rate of pay, total wages divided by total hours worked in a 90-day period, or the wages for other forms of paid leave, as specified. The bill would provide that an employer is not required to reinstate accrued paid time off to an employee, rehired within one year of separation from employment, that was paid out at the time of termination, resignation, or separation. The bill would provide that an employer is not required to provide additional paid sick days if the employer has a paid leave policy or paid time off policy, the employer makes available an amount of leave applicable to employees for specified uses, and the policy satisfies specified accrual, carry over, and use requirements, or that provided paid sick leave or paid time off to employees before January 1, 2015, as specified, or that are provided pursuant to specified provisions of law or of a memorandum understanding that meet the requirements of these provisions. (3) Existing law requires an employer to keep records for three years documenting the hours worked and paid sick days accrued and used by an employee and to make those records available to the Labor Commissioner upon request. This bill would provide that the employer has no obligation to inquire into or record the purposes for which an employee uses sick leave or paid time off. (4) The bill would specify that its provisions are severable and would also make technical and conforming changes. (5) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 67, Statutes of 2015.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2:55 p.m.

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 1904.).

  6. Read second time. Ordered to third reading.

  7. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  8. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (July 8). Re-referred to Com. on APPR.

  9. Referred to Com. on L. & I.R.

  10. In Senate. Read first time. To Com. on RLS. for assignment.

  11. Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 69. Noes 0. Page 2086.).

  12. Assembly Rule 63 suspended. (Ayes 52. Noes 21. Page 2085.)

  13. Assembly Rule 69 suspended. (Ayes 52. Noes 21. Page 2085.)

  14. Read third time and amended. Ordered to third reading. (Page 2085.)

  15. Read third time and amended. Ordered to third reading. (Page 2037.)

  16. Read second time. Ordered to third reading.

  17. Read second time and amended. Ordered returned to second reading.

  18. From committee: Amend, and do pass as amended. (Ayes 11. Noes 5.) (May 27).

  19. Re-referred to Com. on APPR.

  20. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  21. Re-referred to Com. on APPR.

  22. Read second time and amended.

  23. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (April 22).

  24. Re-referred to Com. on L. & E.

  25. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.

  26. Re-referred to Com. on L. & E.

  27. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.

  28. Referred to Com. on L. & E.

  29. From printer. May be heard in committee March 15.

  30. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading AB304 Gonzalez By Mendoza Urgency Clause

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Democratic 3000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Block — Yea
Hernandez — Yea
Hertzberg — Yea
Huff — Yea
Leno — Yea
Monning — Yea
Pan — Yea
Vidak — Yea
Wieckowski — Yea
Fuller — Yea
Galgiani — Yea
Glazer — Yea
Hill — Yea
Lara — Yea
Allen — Yea
Cannella — Yea
Mitchell — Yea
De León — Yea
Runner — Yea
Mendoza — Yea
Moorlach — Yea
Nielsen — Yea
Pavley — Yea
Hall — Yea
Hancock — Yea
Beall — Yea
Hueso — Yea
Leyva — Yea
Liu — Yea
Morrell — Yea
Roth — Yea
Wolk — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

AB 304 GONZALEZ Third Reading Urgency

Passed 69 Yea · 0 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 61009
Democratic 4000
Republican 4002
Total 690011
% of votes cast 86%0%0%14%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Not Voting
Brown — Yea
Harper — Not Voting
Levine — Yea
Maienschein — Yea
Mathis — Yea
Rendon — Yea
Ridley-Thomas — Not Voting
Thurmond — Yea
Wagner — Yea
Weber — Yea
Wood — Not Voting
Eggman — Yea
Chávez — Yea
Daly — Yea
Gatto — Yea
Jones-Sawyer — Yea
Campos — Yea
Low — Yea
Salas — Yea
Bonilla — Yea
Medina — Yea
Alejo — Yea
Cooper — Yea
Melendez — Yea
Obernolte — Yea
Perea — Yea
Frazier — Yea
Gray — Yea
Lopez — Yea
Gomez — Yea
Gordon — Yea
Hadley — Yea
Holden — Yea
Burke — Yea
Atkins — Yea
Kim — Yea
Linder — Yea
Chang — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Mayes — Not Voting
McCarty — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Olsen — Not Voting
Quirk — Yea
Rodriguez — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Waldron — Not Voting
Wilk — Yea
Williams — Yea
Gonzalez — Yea
Beth Gaines — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Not Voting
Gallagher, James Republican Not Voting
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass as amended.

Passed 11 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9301
Democratic 2000
Republican 0200
Total 11501
% of votes cast 65%29%0%6%
How each member voted (17)
Member Party Vote
Quirk — Yea
Weber — Yea
Eggman — Yea
Gordon — Yea
Rendon — Yea
Chang — Nay
Daly — Not Voting
Bigelow — Nay
Holden — Yea
Wagner — Nay
Wood — Yea
Gomez — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Subjects

labor
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Frequently asked questions

What does AB 304 do?
(1) The Healthy Workplaces, Healthy Families Act of 2014 provides, among other things, that an employee who, on or after July 1, 2015, works in California for 30 or more days within a year from the commencement of employment is entitled to paid sick days for prescribed purposes, to be accrued at a rate of no less than one hour for every 30 hours worked. This bill would require that the employee do that work for the same employer in order to qualify for accrued sick leave under these provisions. This bill would exclude a retired annuitant of a public entity, as specified, from the definition of employee under these provisions. The bill would authorize an employer to provide for employee sick leave accrual on a basis other than one hour for each 30 hours worked, provided that the accrual is on a regular basis and the employee will have 24 hours of accrued sick leave available by the 120th calendar day of employment. (2) Existing law entitles an employee to use accrued paid sick days beginning on the 90th day of employment. Existing law permits an employer to limit an employee's use of paid sick days to 24 hours or 3 days in each year of employment. Existing law requires an employer to provide an employee with written notice of the amount of paid sick leave available, or paid time off leave an employer provides in lieu of sick leave, as specified. Existing law provides that an employer is not required to provide additional paid sick days if the employer has a paid leave policy or paid time off policy, the employer makes available an amount of leave for specified uses, and the policy either satisfies specified accrual, carry over, and use requirements or provides no less than 24 hours or 3 days of paid sick leave for each year of employment or calendar year or 12-month basis. This bill would authorize an employer to limit an employee's use of paid sick days to 24 hours or 3 days in each year of employment, a calendar year, or a 12-month period. This bill would, for specified industries, delay the application of the notice requirement. The bill would permit an employer who provides unlimited sick leave to its employees to satisfy notice requirements by indicating "unlimited" on the employee's itemized wage statement. The bill would require an employer to calculate paid sick leave based upon an employee's regular rate of pay, total wages divided by total hours worked in a 90-day period, or the wages for other forms of paid leave, as specified. The bill would provide that an employer is not required to reinstate accrued paid time off to an employee, rehired within one year of separation from employment, that was paid out at the time of termination, resignation, or separation. The bill would provide that an employer is not required to provide additional paid sick days if the employer has a paid leave policy or paid time off policy, the employer makes available an amount of leave applicable to employees for specified uses, and the policy satisfies specified accrual, carry over, and use requirements, or that provided paid sick leave or paid time off to employees before January 1, 2015, as specified, or that are provided pursuant to specified provisions of law or of a memorandum understanding that meet the requirements of these provisions. (3) Existing law requires an employer to keep records for three years documenting the hours worked and paid sick days accrued and used by an employee and to make those records available to the Labor Commissioner upon request. This bill would provide that the employer has no obligation to inquire into or record the purposes for which an employee uses sick leave or paid time off. (4) The bill would specify that its provisions are severable and would also make technical and conforming changes. (5) This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 304?
AB 304 is sponsored by Gonzalez, Jeff (Republican).
What is the current status of AB 304?
This bill has been enacted into law. Introduced February 12, 2015. Enacted.
Where can I track AB 304?
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