SB 1105: Paid sick leave: agricultural employees: emergencies.

Existing law, the Healthy Workplaces, Healthy Families Act of 2014, entitles an employee who works in California for the same employer for 30 or more days within one year from the commencement of employment to paid sick days, as specified. Existing law requires an employer to, upon the oral or written request of an employee, provide paid sick days for specified purposes, including the diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employees family member.

Existing law prohibits an employer from denying an employee the right to use accrued sick days, or to discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using or attempting to use accrued sick days. Existing law requires the Labor Commissioner to enforce the act, including investigating an alleged violation, and authorizes the Labor Commissioner to order any appropriate relief, as specified, to an employee or other person whose rights under the act were violated.

This bill would also require paid sick days to be provided to agricultural employees, as defined, who work outside and are entitled to paid sick days, as described, to avoid smoke, heat, or flooding conditions created by a local or state emergency, as described. The bill would declare that these provisions are declarative of existing law to the extent that the sick days are necessary for preventive care, as provided.

This bill would incorporate additional changes to Section 246.5 of the Labor Code proposed by AB 2499 to be operative only if this bill and AB 2499 are enacted and this bill is enacted last.