Employment: COVID-19: supplemental paid sick leave.
AB 84 carries significant implications for state employment law, particularly the Labor Code, which governs how sick leave is applied during extraordinary circumstances like a public health crisis. This bill mandates that employers provide specific information and outreach regarding job positions to laid-off employees until the end of 2024, ensuring laid-off workers receive fair consideration for reemployment. Additionally, the bill prohibits employers from discriminating against employees for asserting their rights under these provisions, thus strengthening protections for workers impacted by COVID-19-related job losses.
Assembly Bill 84 was introduced in California to provide supplemental paid sick leave and job security for workers affected by the COVID-19 pandemic. The bill outlines provisions for COVID-19 supplemental paid sick leave, particularly entitling covered employees to up to 40 hours of paid leave if they are unable to work due to reasons related to the pandemic, such as attending vaccination appointments or caring for sick family members. This law builds upon existing regulations, ensuring that the total hours of supplemental leave are in addition to any paid sick leave available under prior laws, creating a more supportive framework for employees navigating the ongoing challenges of the pandemic.
The sentiment surrounding AB 84 is largely supportive among labor advocacy groups and constituents who argue that the legislation addresses urgent needs for public health and employment stability during a significant crisis. However, there is some contention among employers regarding the potential financial implications of providing additional paid sick leave and the burden of compliance with the new requirements. While many recognize the necessity of supporting displaced workers, there is concern about the operational challenges posed to smaller businesses.
Key points of contention include the requirement for employers to provide a substantial amount of paid sick leave during the introduction of the bill and the potential financial strain on businesses, particularly small enterprises. The mandate for retroactive application of sick leave provisions to the start of 2022 has raised questions regarding equitable implementation and tracking requirements for employers. Furthermore, the procedures established for complaints and enforcement through the Labor Commissioner’s office indicate heightened scrutiny on employer compliance, leading to additional concerns about regulatory burdens.