Illinois Employers Beware! If You have California Employees, New Law Says Employers Must Provide Paid Sick Leave!

July, 2015
By: Anthony J. Caruso, Jr., Esq.

Illinois employers are not required by federal or Illinois state law to provide paid sick leave to their employees in Illinois. However, if your Company has California employees, a new California state law, effective July 1, 2015, known as the Healthy Workplace/Healthy Families Act of 2014, requires your company to provide paid sick leave.

What is the California Employee Entitled to?

• An employee who, on or after July 1, 2015, works in California for 30 or more days within a year from the beginning of employment is entitled to paid sick leave.
• Paid sick leave accrues at the rate of one hour per every 30 hours worked, paid at the employee’s regular wage rate. Accrual shall begin on the first day of employment or July 1, 2015, whichever is later.
• Accrued paid sick leave shall carry over to the following year of employment and may be capped at 48 hours or six days. However, subject to specified conditions, if an employer has a paid sick leave, paid leave or paid time off (PTO) that provides no less than 24 hours of three days of paid leave or paid time off, no accrual or carry over is required if the full amount of leave is received at the beginning of each year in accordance with the policy.

How can the California Employee Use Paid Sick Leave?

• An employee may use accrued paid sick days beginning on the 90th day of employment.
• An employer shall provide paid sick days upon the oral or written required of an employee for themselves or a family member for the diagnosis, care or treatment of an existing health condition or preventive care, or specified purposes for an employee who is a victim of domestic violence, sexual assault, or stalking.
• An employer may limit the use of paid sick days to 24 hours or three days in each year of employment.

As such, the California law requires the law to be posted along with a written notice to new employees.

Employers should note that the State of Illinois has considered similar legislation which would require Illinois employers to provide paid sick leave. It may only be a matter of time before the State of Illinois enacts such a law!!

Questions? Contact Attorney Anthony J. Caruso Jr., of Wessels Sherman’s St. Charles office at (630) 377-1554 or e-mail ancaruso@wesselssherman.com.