California Passes Law Expanding Use of Paid Sick Leave for Agricultural Employees

On Sept. 24, Gov. Gavin Newsom signed Senate Bill 1105, which expands existing paid-sick-leave provisions to allow agricultural employees to use paid sick leave for additional reasons not covered in existing laws.

These changes will take effect on Jan. 1, 2025.

SB 1105 supplements the Healthy Workplace Healthy Family Act of 2014 to require that employers provide paid sick days to agricultural employees who 1) work outside and 2) request sick leave to avoid smoke, heat, or flooding conditions created by a local or state emergency. This includes any sick days necessary for preventive care due to their work or such conditions.

SB 1105 defines an “agricultural employee” as a person who is employed in any of the following:

• An agricultural occupation, as defined in Wage Order No. 14 of the Industrial Welfare Commission (IWC).
• An industry that prepares agricultural products for the market on the farm, as defined in Wage Order No. 13 of the IWC.
• An industry that handles products after harvest, as defined in Wage Order No. 8 of the IWC.

The current requirements of the Healthy Workplace Healthy Family Act will remain in effect with the amendment outlined above. The existing law 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 for specified purposes upon the oral or written request of the employee. These specified purposes include the diagnosis, care, or treatment of an existing health condition of (or the preventive care for) an employee or an employee’s family member. Employers may not deny an employee the right to use accrued sick days or discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using or attempting to use accrued sick days.

Lastly, 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 were violated under the act.

Monica H. Bullock is an attorney with Jackson Lewis in Riverside, Calif. Briana M. Antuna is an attorney with Jackson Lewis in San Diego. © 2024 Jackson Lewis. All rights reserved. Reposted with permission.