AB 11: Employment: paid sick days: in-home supportive services.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-03-11
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. Existing law provides that an employee under the act does not include a provider of in-home support services, as described.
This bill would revise the definition of an employee under the Healthy Workplaces, Healthy Families Act of 2014 to, as of July 1, 2016, include providers of in-home support services, as described.
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. Existing law provides that an employee under the act does not include a provider of in-home support services, as described.
This bill would revise the definition of an employee under the Healthy Workplaces, Healthy Families Act of 2014 to, as of July 1, 2016, include providers of in-home support services, as described.
The Legislature finds and declares the following:
(a)Nearly every worker in the State of California will at some time during the year need some time off from work to take care of his or her own health or the health of family members.
(b)Many workers in California do not have any paid sick days, or have an inadequate number of paid sick days, to care for their own health or the health of family members.
(c)Providers of in-home supportive services under Section 14132.95, 14132.952, or 14132.956 of, or Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, the Welfare and Institutions Code, do not qualify for the mandatory paid sick leave benefit that had been provided under Assembly Bill 1522, the Healthy Workplaces, Healthy Families Act of 2014.
(d)Providing workers time off to attend to their own health care and the health care of family members will ensure a healthier and more productive workforce in California.
(e)Paid sick days will have an enormously positive impact on the public health of Californians by allowing sick workers paid time off to care for themselves when ill, thus lessening their recovery time, reducing the likelihood of spreading illness to other members of the workforce, and increasing the likelihood that they seek care from a primary health care provider instead of costly emergency room services.
(f)Paid sick days will allow parents to provide personal care for their sick children. Parental care ensures childrens speedy recovery, prevents more serious illnesses, and improves childrens overall mental and physical health.
(g)Providing paid sick days is affordable for employers.
(h)Employers who provide paid sick days enjoy greater employee retention and reduce the likelihood of employees coming to work sick. Studies have shown that costs of decreased productivity caused by sick workers exceed the costs of employee absenteeism.
(i)Workers whose jobs involve significant contact with the public, such as providers of in-home support services, are very unlikely to have paid sick days. Often, these workers have no choice but to come to work when they are ill, thereby spreading illness to coworkers and customers.
(j)Domestic violence and sexual assault affect many persons without regard to age, race, national origin, sexual orientation, or socioeconomic status.
(k)Domestic violence is a crime that has a devastating effect on families, communities, and the workplace. It impacts productivity, effectiveness, absenteeism, and employee turnover in the workplace. The National Crime Survey estimates that 175,000 days of work each year are missed due to domestic violence.
(l)Survivors of domestic violence and sexual assault may be vulnerable at work when trying to end an abusive relationship because the workplace may be the only place where the perpetrator knows to contact the victim. Studies show that up to one-half of domestic violence victims experience job loss. Forty percent reported on-the-job harassment. Nearly 50 percent of sexual assault survivors lose their jobs or are forced to quit in the aftermath of the assaults.
(m)Affording survivors of domestic violence and sexual assault paid sick days is vital to their independence and recovery.
SEC. 2.In enacting this act, it is the intent of the Legislature to do the following:
(a)Ensure that workers in California can address their own health needs and the health needs of their families by requiring employers to provide a minimum level of paid sick days including time for family care.
(b)Decrease public and private health care costs in California by enabling workers to seek early and routine medical care for themselves and their family members and to address domestic violence or sexual assault.
(c)Protect employees in California from losing their jobs while they use sick days to care for themselves or their families.
(d)Provide economic security to employees in California who take time off from work for reasons related to domestic violence or sexual assault.
(e)Safeguard the welfare, health, safety, and prosperity of the people of and visitors to California.
(f)Extend equal protection of paid sick leave benefits to providers of in-home supportive services.
SEC. 3.Section 245.5 of the Labor Code, as added by Section 3 of Chapter 317 of the Statues of 2014, is amended to read:245.5.As used in this article:
(a)Employee does not include the following:
(1)An employee covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for paid sick days or a paid leave or paid time off policy that permits the use of sick days for those employees, final and binding arbitration of disputes concerning the application of its paid sick days provisions, premium wage rates for all overtime hours worked, and regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate.
(2)An employee in the construction industry covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, premium wage rates for all overtime hours worked, and regular hourly pay of not less than 30 percent more than the state minimum wage rate, and the agreement either (A) was entered into before January 1, 2015, or (B) expressly waives the requirements of this article in clear and unambiguous terms. For purposes of this subparagraph, employee in the construction industry means an employee performing onsite work associated with construction, including work involving alteration, demolition, building, excavation, renovation, remodeling, maintenance, improvement, repair work, and any other work as described by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and other similar or related occupations or trades.
(3)A provider of in-home supportive services under Section 14132.95, 14132.952, or 14132.956 of, or Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, the Welfare and Institutions Code.
(4)An individual employed by an air carrier as a flight deck or cabin crew member that is subject to the provisions of Title II of the federal Railway Labor Act (45 U.S.C. Sec. 181 et seq.), provided that the individual is provided with compensated time off equal to or exceeding the amount established in paragraph (1) of subdivision (b) of Section 246.
(b)Employer means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities.
(c)Family member means any of the following:
(1)A child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status.
(2)A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employees spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.
(3)A spouse.
(4)A registered domestic partner.
(5)A grandparent.
(6)A grandchild.
(7)A sibling.
(d)Health care provider has the same meaning as defined in paragraph (6) of subdivision (c) of Section 12945.2 of the Government Code.
(e)Paid sick days means time that is compensated at the same wage as the employee normally earns during regular work hours and is provided by an employer to an employee for the purposes described in Section 246.5.
(f)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed.
SEC. 4.Section 245.5 is added to the Labor Code, to read:245.5.As used in this article:
(a)Employee does not include the following:
(1)An employee covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for paid sick days or a paid leave or paid time off policy that permits the use of sick days for those employees, final and binding arbitration of disputes concerning the application of its paid sick days provisions, premium wage rates for all overtime hours worked, and regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate.
(2)An employee in the construction industry covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, premium wage rates for all overtime hours worked, and regular hourly pay of not less than 30 percent more than the state minimum wage rate, and the agreement either (A) was entered into before January 1, 2015, or (B) expressly waives the requirements of this article in clear and unambiguous terms. For purposes of this subparagraph, employee in the construction industry means an employee performing onsite work associated with construction, including work involving alteration, demolition, building, excavation, renovation, remodeling, maintenance, improvement, repair work, and any other work as described by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and other similar or related occupations or trades.
(3)An individual employed by an air carrier as a flight deck or cabin crew member that is subject to the provisions of Title II of the federal Railway Labor Act (45 U.S.C. Sec. 181 et seq.), provided that the individual is provided with compensated time off equal to or exceeding the amount established in paragraph (1) of subdivision (b) of Section 246.
(b)Employer means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities.
(c)Family member means any of the following:
(1)A child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status.
(2)A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employees spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.
(3)A spouse.
(4)A registered domestic partner.
(5)A grandparent.
(6)A grandchild.
(7)A sibling.
(d)Health care provider has the same meaning as defined in paragraph (6) of subdivision (c) of Section 12945.2 of the Government Code.
(e)Paid sick days means time that is compensated at the same wage as the employee normally earns during regular work hours and is provided by an employer to an employee for the purposes described in Section 246.5.
(f)This section shall become operative on July 1, 2016.
The Legislature finds and declares the following:
(a)Nearly every worker in the State of California will at some time during the year need some time off from work to take care of his or her own health or the health of family members.
(b)Many workers in California do not have any paid sick days, or have an inadequate number of paid sick days, to care for their own health or the health of family members.
(c)Providers of in-home supportive services under Section 14132.95, 14132.952, or 14132.956 of, or Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, the Welfare and Institutions Code, do not qualify for the mandatory paid sick leave benefit that had been provided under Assembly Bill 1522, the Healthy Workplaces, Healthy Families Act of 2014.
(d)Providing workers time off to attend to their own health care and the health care of family members will ensure a healthier and more productive workforce in California.
(e)Paid sick days will have an enormously positive impact on the public health of Californians by allowing sick workers paid time off to care for themselves when ill, thus lessening their recovery time, reducing the likelihood of spreading illness to other members of the workforce, and increasing the likelihood that they seek care from a primary health care provider instead of costly emergency room services.
(f)Paid sick days will allow parents to provide personal care for their sick children. Parental care ensures childrens speedy recovery, prevents more serious illnesses, and improves childrens overall mental and physical health.
(g)Providing paid sick days is affordable for employers.
(h)Employers who provide paid sick days enjoy greater employee retention and reduce the likelihood of employees coming to work sick. Studies have shown that costs of decreased productivity caused by sick workers exceed the costs of employee absenteeism.
(i)Workers whose jobs involve significant contact with the public, such as providers of in-home support services, are very unlikely to have paid sick days. Often, these workers have no choice but to come to work when they are ill, thereby spreading illness to coworkers and customers.
(j)Domestic violence and sexual assault affect many persons without regard to age, race, national origin, sexual orientation, or socioeconomic status.
(k)Domestic violence is a crime that has a devastating effect on families, communities, and the workplace. It impacts productivity, effectiveness, absenteeism, and employee turnover in the workplace. The National Crime Survey estimates that 175,000 days of work each year are missed due to domestic violence.
(l)Survivors of domestic violence and sexual assault may be vulnerable at work when trying to end an abusive relationship because the workplace may be the only place where the perpetrator knows to contact the victim. Studies show that up to one-half of domestic violence victims experience job loss. Forty percent reported on-the-job harassment. Nearly 50 percent of sexual assault survivors lose their jobs or are forced to quit in the aftermath of the assaults.
(m)Affording survivors of domestic violence and sexual assault paid sick days is vital to their independence and recovery.
SEC. 2.In enacting this act, it is the intent of the Legislature to do the following:
(a)Ensure that workers in California can address their own health needs and the health needs of their families by requiring employers to provide a minimum level of paid sick days including time for family care.
(b)Decrease public and private health care costs in California by enabling workers to seek early and routine medical care for themselves and their family members and to address domestic violence or sexual assault.
(c)Protect employees in California from losing their jobs while they use sick days to care for themselves or their families.
(d)Provide economic security to employees in California who take time off from work for reasons related to domestic violence or sexual assault.
(e)Safeguard the welfare, health, safety, and prosperity of the people of and visitors to California.
(f)Extend equal protection of paid sick leave benefits to providers of in-home supportive services.
SEC. 3.Section 245.5 of the Labor Code, as added by Section 3 of Chapter 317 of the Statues of 2014, is amended to read:245.5.As used in this article:
(a)Employee does not include the following:
(1)An employee covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for paid sick days or a paid leave or paid time off policy that permits the use of sick days for those employees, final and binding arbitration of disputes concerning the application of its paid sick days provisions, premium wage rates for all overtime hours worked, and regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate.
(2)An employee in the construction industry covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, premium wage rates for all overtime hours worked, and regular hourly pay of not less than 30 percent more than the state minimum wage rate, and the agreement either (A) was entered into before January 1, 2015, or (B) expressly waives the requirements of this article in clear and unambiguous terms. For purposes of this subparagraph, employee in the construction industry means an employee performing onsite work associated with construction, including work involving alteration, demolition, building, excavation, renovation, remodeling, maintenance, improvement, repair work, and any other work as described by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and other similar or related occupations or trades.
(3)A provider of in-home supportive services under Section 14132.95, 14132.952, or 14132.956 of, or Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, the Welfare and Institutions Code.
(4)An individual employed by an air carrier as a flight deck or cabin crew member that is subject to the provisions of Title II of the federal Railway Labor Act (45 U.S.C. Sec. 181 et seq.), provided that the individual is provided with compensated time off equal to or exceeding the amount established in paragraph (1) of subdivision (b) of Section 246.
(b)Employer means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities.
(c)Family member means any of the following:
(1)A child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status.
(2)A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employees spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.
(3)A spouse.
(4)A registered domestic partner.
(5)A grandparent.
(6)A grandchild.
(7)A sibling.
(d)Health care provider has the same meaning as defined in paragraph (6) of subdivision (c) of Section 12945.2 of the Government Code.
(e)Paid sick days means time that is compensated at the same wage as the employee normally earns during regular work hours and is provided by an employer to an employee for the purposes described in Section 246.5.
(f)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed.
SEC. 4.Section 245.5 is added to the Labor Code, to read:245.5.As used in this article:
(a)Employee does not include the following:
(1)An employee covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for paid sick days or a paid leave or paid time off policy that permits the use of sick days for those employees, final and binding arbitration of disputes concerning the application of its paid sick days provisions, premium wage rates for all overtime hours worked, and regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate.
(2)An employee in the construction industry covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, premium wage rates for all overtime hours worked, and regular hourly pay of not less than 30 percent more than the state minimum wage rate, and the agreement either (A) was entered into before January 1, 2015, or (B) expressly waives the requirements of this article in clear and unambiguous terms. For purposes of this subparagraph, employee in the construction industry means an employee performing onsite work associated with construction, including work involving alteration, demolition, building, excavation, renovation, remodeling, maintenance, improvement, repair work, and any other work as described by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and other similar or related occupations or trades.
(3)An individual employed by an air carrier as a flight deck or cabin crew member that is subject to the provisions of Title II of the federal Railway Labor Act (45 U.S.C. Sec. 181 et seq.), provided that the individual is provided with compensated time off equal to or exceeding the amount established in paragraph (1) of subdivision (b) of Section 246.
(b)Employer means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities.
(c)Family member means any of the following:
(1)A child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status.
(2)A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employees spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.
(3)A spouse.
(4)A registered domestic partner.
(5)A grandparent.
(6)A grandchild.
(7)A sibling.
(d)Health care provider has the same meaning as defined in paragraph (6) of subdivision (c) of Section 12945.2 of the Government Code.
(e)Paid sick days means time that is compensated at the same wage as the employee normally earns during regular work hours and is provided by an employer to an employee for the purposes described in Section 246.5.
(f)This section shall become operative on July 1, 2016.
|
Date
|
Status
|
|---|---|
| Dec 1, 2014 | Read first time. To print. |
| Dec 2, 2014 | From printer. May be heard in committee January 1. |
| Jan 16, 2015 | Referred to Com. on L. & E. |
| Mar 11, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended. |
| Mar 12, 2015 | Re-referred to Com. on L. & E. |
| Mar 19, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (March 18). Re-referred to Com. on APPR. |
| Apr 15, 2015 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Apr 29, 2015 | In committee: Set, second hearing. Referred to APPR. suspense file. |
| May 28, 2015 | In committee: Held under submission. |
| Jan 31, 2016 | Died pursuant to Article IV, Sec. 10(c) of the Constitution. |
| Feb 1, 2016 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Mar 18, 2015 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Labor and Employment |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| AARP California | ** Support | Mar 18, 2015 |
| ACLU of California | * Support | Mar 18, 2015 |
| Alameda County Board of Supervisors | * Indeterminate | Jun 27, 2018 |
| American Academy of Pediatrics | * Support | Jun 27, 2018 |
| American Civil Liberties Union of California | * Support | Mar 18, 2015 |
| ARC | * Support | Jun 27, 2018 |
| California Academy of Child and Adolescent Psychiatry | * Support | Jun 27, 2018 |
| California Catholic Conference | * Support | Mar 18, 2015 |
| California Commission on Aging | * Support | Mar 18, 2015 |
| California Communities United Institute | ** Support | Mar 18, 2015 |
| California Employment Lawyers Association | * Support | Mar 18, 2015 |
| California Immigrant Policy Center | ** Support | Mar 18, 2015 |
| California Right to Life Committee, Inc. | ** Against | Mar 18, 2015 |
| California School Nurses | * Support | Jun 27, 2018 |
| Children Now | * Support | Jun 27, 2018 |
| Children'S Specialty Care Coalition | * Support | Jun 27, 2018 |
| City and County of San Francisco | * Support | Jun 27, 2018 |
| County Health Executives Association Of California | * Support | Jun 27, 2018 |
| First 5 Association | * Support | Jun 27, 2018 |
| First 5 California | * Support | Jun 27, 2018 |
| First 5 Los Angeles | * Support | Jun 27, 2018 |
| Health Access California | * Support | Jun 27, 2018 |
| Health Officers Association Of California | * Support | Mar 18, 2015 |
| Shaw Yoder & Antwih | * Support | Jun 27, 2018 |
| Sonoma County Board of Supervisors | * Support | Jun 27, 2018 |
| UCP California collaboration | * Support | Jun 27, 2018 |
| United Ways Of California | * Support | Jun 27, 2018 |
| Western Center On Law And Poverty Inc. | * Support | Mar 18, 2015 |
AB 11
Page 2
Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 11
(Gonzalez) – As Amended March 11, 2015
Policy Committee: |
Labor |
Vote: |
5-2 |
|
|
|
|
|
|
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill revises the definition of an employee under the Healthy Workplaces, Healthy Families Act of 2014 to include providers of in-home support services (IHSS) starting July 1, 2016. This change in law would allow IHSS providers to accrue one hour of sick leave for every 30 hours worked.
FISCAL EFFECT:
Annual General Fund costs of approximately $100 million starting in the 2016-17 fiscal year. There are approximately 462,000 IHSS providers in California. Current law authorizes an employer to limit paid sick days to 24 hours or three days each year. On average, providers would accrue 2.8 hours of sick leave each month. Under the county maintenance of effort (MOE) financing structure, the state General Fund assumes 100 percent of the costs above counties’ MOE expenditure levels.
COMMENTS:
Purpose. AB 1522 (Gonzalez), Chapter 317, Statutes of 2014, enacted the Health Workplaces, Healthy Families Act of 2014 provides paid sick days to certain California employees effective July 1, 2015. The new law provides the right to paid sick days to an estimated 6.5 million California workers. IHSS providers were originally included in AB 1522 but were excluded towards the end of the Legislative process due to cost concerns. This bill deletes that exclusion effective July 1, 2016, allowing IHSS providers to accrue hours of sick leave each month. According to supporters, this bill ensures that IHSS caregivers are afforded the same basic right as the rest of California's workforce.
County IHSS MOE. The IHSS program provides personal care and domestic services to low–income aged, blind and disabled persons to help them remain safely in their own homes and communities. IHSS is considered an alternative to out-of-home care, such as nursing homes, and is a Home and Community-Based Service.
Effective July 2012, as part of the Coordinated Care Initiative (CCI), a county maintenance-of-effort (MOE) funding formula was established for the IHSS program. Historically, for almost all IHSS recipients, 50 percent of program costs were paid for by the federal government, with 32.5 percent paid by the state and 17.5 percent by the counties. CCI statute altered the historical county contribution by enacting an MOE, which replaces the county contribution of 17.5 percent with a requirement that counties generally maintain their 2011-12 expenditure level for IHSS beginning in 2012-13, to be adjusted annually for inflation beginning in 2014-15. Under the county MOE financing structure, the state General Fund assumes all nonfederal IHSS costs above counties’ MOE expenditure levels.
Oppose unless amended. The Alliance, a statewide coalition supporting people with Intellectual and Developmental Disabilities, support improving wages and benefits for IHSS workers, but are concerned with the associated costs and are opposed to the bill unless dedicated state funding is specifically provided for this purpose.
Analysis Prepared by:
Misty Feusahrens / APPR. / (916) 319-2081
AB 11
Page 2
Date of Hearing: April 15, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 11
(Gonzalez) – As Amended March 11, 2015
Policy Committee: |
Labor |
Vote: |
5-2 |
|
|
|
|
|
|
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill revises the definition of an employee under the Healthy Workplaces, Healthy Families Act of 2014 to include providers of in-home support services (IHSS) starting July 1, 2016. This change in law would allow IHSS providers to accrue one hour of sick leave for every 30 hours worked.
FISCAL EFFECT:
Annual General Fund costs in the range of approximately $100 million starting in the 2016-17 fiscal year. There are approximately 462,000 IHSS providers in California. Current law authorizes an employer to limit paid sick days to 24 hours or three days each year. On average, providers would accrue 2.8 hours of sick leave each month. Under the county maintenance of effort (MOE) financing structure, the state General Fund assumes 100 percent of the costs above counties’ MOE expenditure levels.
COMMENTS:
Purpose. AB 1522 (Gonzalez) of 2014 enacted the Health Workplaces, Healthy Families Act of 2014 provides paid sick days to certain California employees effective July 1, 2015. The new law provides the right to paid sick days to an estimated 6.5 million California workers. IHSS providers were originally included in AB 1522 but were excluded towards the end of the Legislative process due to cost concerns. This bill deletes that exclusion effective July 1, 2016, allowing IHSS providers to accrue hours of sick leave each month. According to supporters, this bill ensures that IHSS caregivers are afforded the same basic right as the rest of California's workforce.
County IHSS MOE. The IHSS program provides personal care and domestic services to low–income aged, blind and disabled persons to help them remain safely in their own homes and communities. IHSS is considered an alternative to out-of-home care, such as nursing homes, and is a Home and Community-Based Service.
Effective July 2012, as part of the Coordinated Care Initiative (CCI), a county maintenance-of-effort (MOE) funding formula was established for the IHSS program. Historically, for almost all IHSS recipients, 50 percent of program costs were paid for by the federal government, with 32.5 percent paid by the state and 17.5 percent by the counties. CCI statute altered the historical county contribution by enacting an MOE, which replaces the county contribution of 17.5 percent with a requirement that counties generally maintain their 2011-12 expenditure level for IHSS beginning in 2012-13, to be adjusted annually for inflation beginning in 2014-15. Under the county MOE financing structure, the state General Fund assumes all nonfederal IHSS costs above counties’ MOE expenditure levels.
Oppose unless amended. The Alliance, a statewide coalition supporting people with Intellectual and Developmental Disabilities, support improving wages and benefits for IHSS workers, but are concerned with the associated costs and are opposed to the bill unless dedicated state funding is specifically provided for this purpose.
Analysis Prepared by:
Misty Feusahrens / APPR. / (916) 319-2081
AB 11
Page 2
Date of Hearing: March 18, 2015
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Roger Hernández, Chair
AB 11
Gonzalez – As Amended March 11, 2015
SUBJECT: Employment: paid sick days: in-home supportive services
SUMMARY:
Effective July 1, 2016, extends the provisions of paid sick days legislation enacted last year to include providers of in-home supportive services, as described.
EXISTING LAW:
Provides that an employee who, on or after July 1, 2015, works in California for 30 or more days is entitled to paid sick days for specified purposes, to be accrued at a rate of not less than one hour for every 30 hours worked.
Excludes from the definition of "employee" a provider of in-home supportive services, as specified.
FISCAL EFFECT:
Unknown
COMMENTS:
AB 1522 (Gonzalez) of 2014 enacted the Health Workplaces, Healthy Families Act of 2014 to provide paid sick days to specified California employees effective July 1, 2015. AB 1522 was landmark legislation that extended the right to paid sick days to an estimated 6.5 million California workers.
However, during the legislative process the bill was amended to exclude from the definition of "employee" a provider of in-home supportive services. This bill would delete that exclusion effective July 1, 2016.
According to the author:
"There are more than 360,000 IHSS caregivers in California who are dedicated to providing home care for California’s most fragile population—elderly and disabled Californians with low incomes. Despite being among the lowest-paid workers in the state, IHSS workers still cannot take time away from work to care for themselves or a loved one when they are sick without fear of losing pay or their job.
Last year, more than 6.5 million workers became entitled to three paid sick days a year with the signing of the Healthy Workplaces, Healthy Families Act of 2014. The state of California should recognize the health and safety needs of the fragile population that depends on their assistance by extending this vital workplace protection to the employees who perform this cost-saving service to California’s most vulnerable residents."
ARGUMENTS IN SUPPORT
According to supporters, this bill will eliminate the disparate treatment under AB 1522 that resulted in a differentiation of rights of some low-wage workers from the rights of other low-wage workers. They contend that not only it is wrong for one class of low-wage workers to have fewer rights, but it also makes no sense for paid sick days to be denied to people whose principal job is to keep the poorest Californians well and in their home. When an already vulnerable Medi-Cal recipient requires additional medical care because they became sick while cared for by a worker who could not afford to take a sick day, we all lose out. They argue that this bill ensures that IHSS caregivers, who are predominantly women and people of color, are afforded the same basic right as the rest of California's workforce.
ARGUMENTS IN OPPOSITION
The California Right to Life Committee opposes this bill, arguing that it is not financially justified and should not be enacted into law. They contend that the expansion of the law to include paid sick days for IHSS workers is economically unsound. They argue that this could encourage some employees to take time off when not truly needed at home or not truly sick enough to jeopardize company personnel.
REGISTERED SUPPORT / OPPOSITION:
Support
AARP California
American Civil Liberties Union of California
California Commission on Aging
California Communities United Institute
California Immigrant Policy Center
Health Officers Association of California
Western Center on Law and Poverty
Opposition
California Right to Life Committee, Inc.
Analysis Prepared by: Ben Ebbink / L. & E. / (916) 319-2091
Discussed in Hearing
14MIN
Senate Standing Committee on Health
11MIN
