Paid Sick Days Statutes + Updated October 2014
Transcription
Paid Sick Days Statutes + Updated October 2014
+ Paid Sick Days Statutes Updated October 2014 Key: EE: employee; ER: employer; SB: small business; LB: large business; FTE: full-time equivalent; DV: domestic violence; SAFE: safe time coverage; PHE: public health emergency; CBA: collective bargaining agreement Location & Law/Bill Number San Francisco, Calif. S.F. Admin. Code Ch. 12W (2006) (effective 2/2007) District of Columbia D.C. Code § 32-131.01 et seq. (2008, amended 2013) (effective 2014) Connecticut Public Act 11-52 (2011) (effective 1/2012) Seattle, Wash. Ordinance 123698 (2011) (effective 9/2012) Portland, Ore. Ordinance 185926 (2013) (effective 1/2014) New York City, N.Y. Int. 0097-2010 (2013), Int. 0001-2014 (2014) (effective 4/2014) Jersey City, N.J. Ordinance 13.097 (2013) (effective 1/2014) Newark, N.J. Ordinance 13-2010 (2014) (effective 5/2014) San Diego, Calif. Municipal Code § 39.0101 (effective 1 4/2015) California Cal. Labor Code §§ 245, 2810.5 (effective 7/2015) Eugene, Ore. Ordinance 2057 (2014) (partially effective 8/2014, fully effective 7/2015) Irvington, N.J. Ordinance MC 3513 (2014) (effective 2 1/2015) Summary EEs in the private sector accrue one hour of paid sick time for every 30 hours worked within the city and can accrue and use up to 40 or 72 hours, depending on ER’s size. Covers sick time for EE EEs accrue one hour of paid sick time for every 37 to 87 hours worked and can accrue and use up to 3 to 7 days, depending on ER’s size. Tipped restaurant and bar workers Enumerated EEs whose places of business has 50 or more EEs accrue one hour of paid sick time for every 40 hours worked and can accrue and use up to 40 hours. Covers sick time for EEs whose place of business has 5 or more EEs accrue one hour of paid sick time for every 30 to 40 hours worked and use up to 40 to 108 hours, depending on ER’s size. Accrual is EEs whose place of business has 6 or more EEs accrue one hour of paid sick time for every 30 hours worked and can accrue and use up to 40 hours. All others receive EEs whose place of business has 5 or more EEs accrue one hour of paid sick time for every 30 hours worked and can accrue and use up to 40 hours. All others receive EEs whose place of business has 10 or more EEs accrue one hour of paid sick time for every 30 hours worked and can accrue and use up to 40 hours. All others receive EEs accrue one hour of paid sick time for every 30 hours worked and can accrue and use up to 24 to 40 hours, depending on ER’s size. Covers sick time for EE or family members’ EEs accrue one hour of paid sick time for every 30 hours worked and use up to 40 hours. Accrual is unlimited. Covers sick time for EE or family members’ care, for absences EEs accrue one hour of paid sick time for every 30 hours worked and can use up to 24 hours. Can accrue up to 48 hours. Covers sick time for EE or family members’ care or EEs accrue one hour of paid sick time for every 30 hours worked and can accrue and use up to 40 hours. Covers sick time for EE or family members’ care and for absences associated EEs accrue one hour of paid sick time for every 30 hours worked and can accrue and use between 24 to 40 hours, depending on ER’s size. Covers sick time for EE or family 1 2 Opponents have gathered signatures for a June 2016 ballot initiative to rescind the ordinance. If the signature collection is successful, the law will be on hold until that time. Three cities in New Jersey – Passaic, East Orange and Paterson – passed paid sick days ordinances in September that are awaiting the mayors’ signatures. The ordinances are similar to those in Newark and Irvington. 1 Location Impact San Francisco District of Columbia Connecticut Seattle Portland New York City Jersey City Newark San Diego California Eugene Irvington or family members’ care. receive one hour for every 43 worked and accrue up to 5 days regardless of ER size. Covers sick time for EE or family members’ care and for absences associated with domestic violence, sexual abuse or stalking. EE or family members’ care and for absences associated with domestic violence or sexual assault. unlimited. Covers sick time for EE or family members’ care, absences associated with domestic violence, sexual assault or stalking, and closures at EE’s place of employment or child’s school or place of care due to a public health emergency. equivalent unpaid time. Covers sick time for EE or family members’ care, absences associated with EE or minor child’s domestic violence, sexual harassment, assault or stalking, and closures at EE’s place of employment or child’s school or place of care due to a public health emergency. equivalent unpaid time. Domestic workers can accrue and use two days after one year of employment. Covers sick time for EE or family members’ care and closures at EE’s place of employment or child’s school or place of care due to a public health emergency. equivalent unpaid time. Covers sick time for EE or family members’ care and closures at EE’s place of employment or child’s school or place of care due to a public health emergency. care, closures at EE’s place of employment or child’s school or place of care due to a public health emergency, and to care for a family member exposed to a communicable disease. associated with domestic violence, sexual assault or stalking, and closures at EE’s place of employment or child’s school or place of care due to a public health emergency. existing health condition and for absences associated with EE’s domestic violence, sexual assault or stalking. with EE or minor child’s domestic violence, sexual harassment, assault or stalking. members’ care, closures at EE’s place of employment or child’s school or place of care due to a public health emergency, and to care for a family member exposed to a communicable disease. Approx. 59,000 workers formerly without sick time gained it through this law.i Approx. 220,000 workers formerly without sick time gained it through this law.ii Approx. 200,000 workers formerly without sick time gained it through this law.iii Approx. 150,000 workers formerly without sick time gained it through this law.iv Approx. 260,000 workers formerly without sick time gained it through this law.v Approx. 1,170,000 workers formerly without sick time gained it through this law.vi Approx. 30,000 workers formerly without sick time gained it through this law.vii Approx. 38,000 workers formerly without sick time gained it through this law.viii Approx. 279,000 workers formerly without sick time will gain it through this law.ix Approx. 6.5 million workers formerly without sick time will gain it through this law.x Approx. 25,000 workers formerly without sick time will gain it through this law.xi Approx. 9,000 workers formerly without sick time will gain it through this law.xii 2 Location San Francisco District of Columbia Connecticut Seattle Portland New York City Jersey City Newark San Diego California Eugene Irvington Exemptions -- Does not apply to independent contractors; students employed by their higher education institution for less than 25 hours/week; health care workers participating in premium pay programs; unpaid volunteers that engage in activities of an educational, charitable, religious, or nonprofit organization; casual babysitter; some religious organization members Does not apply to EEs not employed in one of the 68 enumerated service occupations or by ERs with fewer than 50 EEs; salaried or exempt workers; temporary workers; certain state EEs; manufact’ing ERs; nationally chartered nonprofits (i.e., the YMCA) Does not apply to federal, state or local government ERs other than the City of Seattle; new ERs with fewer than 250 employees businesses have a grace period of 24 months after the hire date of first EE to comply Does not apply to federal, state or local government ERs other than the City of Portland; independent contractors; work-study students; railroad workers exempted under Federal Railroad Insurance Act Does not apply to federal, state or city EEs; work-study students; independent contractors; or certain physical, occupational and speech therapists Does not apply to EEs of any governmental entity Does not apply to federal, state or city EEs; construction EEs covered by a CBA Does not apply to EEs employed at less than minimum wage; publicly subsidized short-term youth employment program EEs; any student EE, camp counselor, or program counselor of an organized camp; or independent contractors Does not apply to EEs covered by a CBA with express sick time; construction EEs covered by a CBA; inhome support service workers; certain airline flight deck or cabin crew members Does not apply to federal, state or local government ERs other than the City of Eugene; building and construction EEs covered by a CBA Does not apply to federal, state or local government ERs; EEs who work less than 80 hours in a year in Irvington 3 Location San Francisco District of Columbia Connecticut Seattle Portland New York City Accrual Rate and Maximum Accrual SB (1-9 EEs): 1 hour for every 30 worked, up to 40 hours SB (24 or fewer EEs): 1 hour for every 87 worked, up to 3 days 50 or more EEs: 1 hour LB (10 or more EEs): 1 hour for every 30 worked, up to 72 hours MB (25-99 EEs): 1 hour for every 43 worked, up to 5 days Tier 1 (5-49 FTE EEs): 1 hour for every 40 worked, can use up to 40 hours SB (1-5 EEs): 1 hour of unpaid time off for every 30 worked, up to 40 hours Tier 2 (50249 FTE EEs): 1 hour for every 40 worked, can use up to 56 hours LB (6 or more EEs): 1 hour of paid time off for every 30 worked, up to 40 hours LB (100 or more EEs): 1 hour for every 37 worked, up to 7 days Tipped restaurant and bar workers: 1 hour for every 43 worked, up to 5 days 3 4 for every 40 worked, up to 40 hours Tier 3 (250 or more FTE EEs): 1 hour for every 30 worked, can use up to 72 hours Tier 3 with paid time off (PTO) policy: 1 hour for every 30, can use up to 108 hours Jersey City Newark San Diego California Eugene Irvington SB (1-4 EEs) : 1 hour of unpaid time off for every 30 worked, up to 40 hours SB (1-9 EEs): 1 hour of unpaid time off for every 30 worked, up to 40 hours SB (1-9 EEs): 1 hour for every 30 worked, up to 24 hours 1 hour for every 30 worked, can use up to 40 hours, accrue unlimited4 1 hour for every 30 worked, can use up to 24 hours, accrue up to 48 hours 1 hour for every 30 worked, up to 40 hours SB (1-9 EEs): 1 LB (5 or more EEs): 1 hour of paid time off for every 30 worked, up to 40 hours LB (10 or more EEs): 1 hour of paid time off for every 30 worked, up to 40 hours 3 Domestic Workers: Receive 2 days of paid time off after one year worked, then continue to receive 2 days/year For certain chain businesses and franchises, all workers in the chain/franchise are counted together to determine if it is considered a SB. The definition of “employer” exempts people who receive in-home support services. 4 LB (10 or more EEs): 1 hour for every 30 worked, up to 40 hours Child care, home health care and food service workers: 1 hour for every 30 worked, up to 40 hours hour for every 30 worked, up to 24 hours LB (10 or more EEs): 1 hour for every 30 worked, up to 40 hours Child care, home health care, and food service workers: 1 hour for every 30 worked, up to 40 hours Location San Francisco District of Columbia Connecticut Seattle Portland New York City Jersey City Newark San Diego California Eugene Irvington Waiting Period for Accrual and Use Accrual begins 90 days after commencement of employment Accrual begins at commencement of employment; accrued hours may be used 90 days after commencement of employment Accrual begins at commencement of employment; accrued hours may be used 680 hours after commencement of employment Accrued hours may be used 180 days after commencement of employment Accrual begins at commencement of employment; accrued hours may be used 90 days after commencement of employment Accrual begins at commencement of employment; accrued hours may be used 120 days after commencement of employment Accrual begins at commencement of employment; accrued hours may be used 90 days after commencement of employment Accrual begins at commencement of employment; accrued hours may be used 90 days after commencement of employment Accrual begins at commencement of employment; accrued hours may be used 90 days after commencement of employment Accrual begins at commencement of employment; accrued hours may be used 90 days after commencement of employment Accrual begins at commencement of employment; accrued hours may be used 90 days after commencement of employment Accrual begins at commencement of employment; accrued hours may be used 90 days after commencement of employment Family Members Covered other than Self, Child, Spouse or Parent Domestic partner; sibling; grandparent; grandchild; child of domestic partner; legal guardian; ward; person with whom EE is in a relationship of in loco parentis; “designated person” Domestic partner; livein partner (living together at least 12 months); grandchild; sibling; sibling’s spouse; parent-inlaw; spouse of child; child living with EE for whom EE cares for permanently Child and spouse ONLY Domestic partner; grandparent; parent-in-law Domestic partner; grandparent; grandchild; parent-inlaw; person with whom EE was or is in a relationship of in loco parentis Domestic partner; sibling; grandparent; grandchild; child or parent of spouse or domestic partner Domestic or civil union partner; sibling; grandparent; grandchild; child of domestic or civil union partner; parent of spouse or domestic or civil union partner; grandparent’s spouse or domestic or civil union partner; legal ward; legal Domestic or civil union partner; sibling; grandparent; grandchild; child of domestic or civil union partner; parent of spouse or domestic or civil union partner; grandparent’s spouse or domestic or civil union partner; legal ward; legal Domestic partner; sibling; grandparent; grandchild; child or parent of a spouse; child of domestic partner; legal ward; legal guardian; person with whom EE was or is in a relationship of in loco parentis Domestic partner; sibling; grandparent; grandchild; legal ward; legal guardian of EE or spouse; person with whom EE was or is in a relationship of in loco parentis Domestic partner; grandparent; grandchild; parent-inlaw; person with whom EE was or is in a relationship of in loco parentis Domestic or civil union partner; sibling; grandparent; spouse or domestic or civil union partner of grandparent; grandchild; child of domestic or civil union partner; parent-inlaw; parent or grandparent of spouse or domestic or civil union 5 Location Safe Time Coverage and/or Coverage for Public Health Emergency San Francisco -- District of Columbia SAFE: Coverage for EE’s or family member’s DV, sexual assault or stalking Connecticut SAFE: Coverage for EE’s or family member’s DV or sexual assault Seattle SAFE: Coverage for EE’s or family member’s DV, sexual assault or stalking PHE: Coverage for closure of place of business or child’s school or place of care Portland SAFE: Coverage for EE or minor child/dependent’s DV, harassment, sexual assault or stalking New York City PHE: Coverage for closure of place of business or child’s school or place of care PHE: Coverage for closure of place of business or child’s school or place of care 6 Jersey City Newark guardian of EE or spouse; person with whom EE was or is in a relationship of in loco parentis guardian of EE or spouse; person with whom EE was or is in a relationship of in loco parentis PHE: Coverage for closure of place of business or child’s school or place of care PHE: Coverage for closure of place of business or child’s school or place of care; coverage to care for a family member exposed to a communic. disease San Diego California Eugene Irvington partner; legal ward; legal guardian of EE or spouse; person with whom EE was or is in a relationship of in loco parentis SAFE: Coverage for EE’s or family member’s DV, sexual assault or stalking PHE: Coverage for closure of place of business or child’s school or place of care SAFE: Coverage for EE’s DV, sexual assault or stalking SAFE: Coverage for EE or minor child/dependent’s DV, harassment, sexual assault or stalking PHE: Coverage for closure of place of business or child’s school or place of care; coverage to care for a family member exposed to a communic. disease Location San Francisco District of Columbia Connecticut Seattle Portland New York City Jersey City Newark San Diego California Eugene Irvington Treatment of Collective Bargaining Agreements Waiver of any and all requirements in a CBA in clear and unambiguous terms is permitted Does not diminish obligations under CBAs that provide greater benefits; a CBA cannot waive the paid time requirements of the Act unless the CBA provides at least 3 paid days of time Does not diminish obligations under CBAs that provide greater benefits; does not preempt or override the terms of any CBAs in effect prior to legislation’s effective date Does not diminish obligations under CBAs that provide greater benefits; does not apply if CBA expressly waives requirements in clear and unambiguous terms; waiver shall not be permitted by unilateral terms and conditions of employment (e.g., order to continue working after expiration of a CBA) Does not diminish obligations under CBAs that provide greater benefits For EEs in construction or grocery industry, does not apply if CBA expressly waives requirement; for other EEs, does not apply if CBA expressly waives requirements and provides a comparable benefit Does not diminish ER obligations under CBAs that provide greater benefits; for EEs covered by a CBA, ordinance begins to apply upon termination of agreement. Does not diminish obligations under CBAs that provide greater benefits; does not apply if CBA expressly waives requirements in clear and unambiguous terms; does not apply to existing CBAs until their expiration Does not diminish obligations under CBAs that provide greater benefits Does not diminish obligations under CBAs that provide greater benefits, arbitration of paid sick day disputes, premium wage rates for overtime hours worked, and regular hourly rate not less than 30 percent more than the state minimum wage rate; EE in the construction industry covered by a CBA if agreement provides for premium wage rates for all overtime hours worked, and Does not apply to EEs in the building and construction industry whose terms and conditions of employment are covered by a CBA. Waiver of any and all requirements in a CBA in clear and unambiguous terms is permitted; does not diminish obligations under CBAs that provide greater benefits 7 Location San Francisco District of Columbia Connecticut Seattle Portland New York City Jersey City Newark San Diego California Eugene Irvington regular hourly pay of not less than 30 percent more than the state minimum wage rate Applicability to ER’s Existing Policy No additional time required if ER provides paid time that meets bill’s accrual requirements and that can be used for the same purposes No additional time required if ER provides paid time that meets Act’s accrual requirements and that can be used for the same purposes and under the same conditions No additional time required if ER provides paid time that meets Act’s accrual requirements and that can be used for the same purposes No additional time required if ER provides paid time that meets Act’s use and accrual requirements and that can be used for the same purposes and under same conditions No additional time required if ER provides paid time that meets bill’s accrual requirements and that can be used under the same conditions as the law requires. No additional time required if ER provides paid time that meets bill’s requirements and that can be used for the same purposes and under the same conditions No additional time required if ER provides paid time that meets bill’s accrual requirements and that can be used for the same purposes and under the same conditions No additional time required if ER provides paid time that meets bill’s accrual requirements and that can be used for the same purposes and under the same conditions No additional time required if ER provides paid time that meets Act’s accrual and use requirements and that can be used for the same purposes and under the same conditions No additional time required if ER provides paid time that meets Act’s accrual, carry over, and use requirements and that can be used for the same purposes and under the same conditions No additional time required if ER provides paid time that meets Act’s accrual and use requirements No additional time required if ER provides paid time that meets Act’s accrual requirements and that can be used for the same purposes and under the same conditions Enforcement Agency & Mechanisms San Francisco Office of Labor Standards Enforcement; file a complaint; administrat- DC Department of Employment Services, Office of Wage and Hour; investigate Connecticut Department of Labor; file complaint with Labor Commissioner; civil penalties; back pay Seattle Office for Civil Rights; file a complaint; adjudication before Hearing Examiner Oregon Bureau of Labor and Industries, Wage and Hour Division; file complaint within 180 NYC Department of Consumer Affairs; file a complaint; ER can settle violation with DCA without hearing; Jersey City Department of Health and Human Services; call Department; pro-active audits and investigat- Newark Department of Child and Family WellBeing; file a complaint; fines up to $1000 and/or up to 90 days City Council will designate the enforcement office; file a complaint; civil penalties against ER California Office of Industrial Relations, Labor Commissioner’s Office; file a complaint; Not yet determined; file a complaint; hearing process not yet determined; civil penalty Irvington Department of Neighborhood Services; file a complaint; fines up to $1000, payment of 8 Location Private Right of Action San Francisco District of Columbia Connecticut ive adjudication; penalties against ERs possible violations order reinstatement of terminated EEs, order payment, impose penalties and fines against willful violators and/or reinstatement; EEs who do not earn paid time under the law but are covered by an ER’s paid time policy and are employed by covered ERs are still protected by the antiretaliation provision in the law Yes; may sue for back pay, damages, and/or reinstatement Yes; may sue for back pay, damages, and/or reinstatement Yes; may appeal administrative decision to Superior Court Seattle No Portland New York City Jersey City Newark San Diego California days of violation; may elect for mediation; if claim is for unpaid wages, may place a lien on ER’s property hearing before DCA’s Adjudication Tribunal ions of workplaces; fines up to $1250 and/or up to 90 days community service imprisonment per violation; restitution ranging from $100$2000/violation or person Labor Commissioner may investigate ERs; hearing before Labor Commissioner, who may order payment of back pay, payment of unlawfully withheld paid sick days and/or reinstatement; fines up to $4000 for withholding or violations Yes; may sue for damages and other remedies as may be appropriate No Yes; may sue in any court of competent jurisdiction Yes; may sue in Newark Municipal Court, which can impose fines or penalties and require restitution Yes; may sue for back pay, damages, and/or reinstatement No; Labor Commissioner or Attorney General may file civil action in court of competent jurisdiction 9 Eugene Irvington unlawfully withheld paid sick days and/or equitable relief Yes; may sue after exhausting administrative remedies Yes; may sue in Municipal Court, which may impose fines or penalties, or any further relief including reinstatement i Drago, R., & Lovell, V. (2011, February). San Francisco's Paid Sick Leave Ordinance: Outcomes for Employers and Employees. Institute for Women’s Policy Research Publication. Retrieved 6 October 2014, from http://www.iwpr.org/publications/pubs/San-Fran-PSD ii Kamen, M. (2013, April). Personal communication. (Community Organizer, Jews United for Justice); Williams C., & Hayes, J. (2013, October). Valuing Good Health in the District of Columbia: The Costs and Benefits of the Earned Sick and Safe Leave Amendment Act of 2013. Institute for Women’s Policy Research Publication. Retrieved 6 October 2014, from http://www.iwpr.org/publications/pubs/valuing-good-health-in-the-district-of-columbia-the-costs-and-benefits-of-the-earned-sick-and-safe-leave-amendment-act-of-2013 iii Farrell, L. (2013, May). Personal communication. (Executive Director, Connecticut Working Families). iv Go Hollo, T. (2013, March). Personal communication. (Senior Policy Associate, Economic Opportunity Institute). v Williams, C. (2013, March). Valuing Good Health in Portland: The Costs and Benefits of Earned Sick Days. Institute for Women’s Policy Research Publication. Retrieved 6 October 2014, from http://www.iwpr.org/publications/pubs/valuing-good-health-in-portland-thecosts-and-benefits-of-earned-sick-days vi Rankin, N. (2014, February). Personal communication. (Vice President, Community Service Society of New York). vii Williams, C. (2013, December). Personal communication. (Research Analyst, Institute for Women’s Policy Research). viii New Jersey Time to Care. (2014, January 28). Newark City Council Passes Earned Sick Days Ordinance- Momentum Continues to Grow for Statewide Bill [Press release]. Retrieved 6 October 2014, from http://www.njtimetocare.com/sites/default/files/Final%20draft%20NJTC%20Media%20Statement%20on%20Newark%20PSD.pdf ix Graham, M. (2014, August 18). San Diego elected officials override mayor's minimum wage veto. Reuters. Retrieved 6 October 2014, from http://www.reuters.com/article/2014/08/18/us-usa-wage-sandiego-idUSKBN0GI21Z20140818 x Office of Governor Edmund G. Brown Jr. (2014, September 10). Governor Brown Signs Legislation to Provide Millions of Californians with Paid Sick Leave [Press release]. Retrieved 6 October 2014, from http://gov.ca.gov/news.php?id=18690 xi Family Forward Oregon. (2014, July). Eugene says YES to paid sick days!. Retrieved 6 October 2014, from http://www.familyforwardoregon.org/2014/07/eugene-says-yes-to-paid-sick-days/ xii Center for Women and Work at Rutgers, the State University of New Jersey. (2014, August). Access to Paid Sick Leave in Essex County, New Jersey. Retrieved 6 October 2014, from http://njtimetocare.org/sites/default/files/Fact%20Sheet%20Municipal%20PSL%20Essex.pdf 10