AB 1359: Paid Sick Days for Healthcare Workers

Assembly Bill 1359 Assemblywoman Pilar Schiavo (D-Chatsworth) by Assemblywoman Pilar Schiavo (D-Chatsworth) was amended to provide paid sick days for health care employees. AB 1359 would add Labor Code Section 246.6.

The new law would, for an employee of a covered health care facility, apply to the employee’s accrual and use of paid sick days. First, accrued paid sick days would carry over to the following year of employment. Second, the term “paid leave” would mean three days or 24 hours of paid leave.

Third, the term “full amount of leave” would mean, in addition to paid leave, 56 hours or seven days in each year of employment, calendar year, or 12-month period beginning January 1, 2024. Fourth, a covered health care facility could not limit an employee’s use of accrued paid sick days.

Fifth, if the employer has a paid sick leave or paid time off policy, the employee would be permitted to take a minimum of seven days or 56 hours per each year of employment. A covered health care facility would not be required to provide additional paid sick days if the covered health care facility has a paid leave policy or paid time off policy that meets specified conditions.

Sixth, an employee of a covered health care facility may bring a civil action in a court of competent jurisdiction against an employer that violates this section and, upon prevailing, would be entitled to collect legal or equitable relief as may be appropriate to remedy the violation, including reinstatement; backpay and the payment of sick days unlawfully withheld, plus interest thereon; and other appropriate injunctive relief. A prevailing employee would also be entitled to recover reasonable attorney’s fees, and costs of suit.

Seventh, it would define the term “employee of a covered health facility” to mean an employee at one of 19 facilities.

Eighth, this section would not apply to employees of a covered health care facility who are subject to an existing collective bargaining agreement.