By: HUB's Absence Management Team

In September 2024, Governor Gavin Newsom signed two bills into law that amend the Healthy Workplaces Healthy Families Act. Effective January 1, 2025, the updated Act will expand the reasons employees in California can use safe leave. Additionally, agricultural workers will be covered by a new provision that explicitly allows the use of paid sick leave to avoid extreme outdoor conditions.

Overview

California’s Healthy Workplaces Healthy Families Act (HWHFA) requires employers to provide up to 40 hours of paid leave to eligible employees for qualifying circumstances, including for the diagnosis, care, or treatment of an existing health condition or preventive care for an employee or an employee’s family member, as well as for an employee who is a victim of domestic violence, sexual assault, or stalking.

Changes to California Paid Sick Leave

Expanded Protections Relating to Victims of Certain Crimes

Previous to the passing of Assembly Bill 2499 (AB 2499), employers were required to provide available paid sick leave to employees for certain reasons related to being a victim of domestic violence, sexual assault or stalking. AB 2499 makes three notable changes to this qualifying reason for leave:

  • These protections will be extended to employees who are victims of “qualifying acts of violence,” defined as “an act in which an individual: causes bodily injury or death to another individual; exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual; or uses or makes a reasonable perceived or actual threat to use, force against another individual to cause physical injury or death.”
  • Employees will now be able to take paid sick leave when a family member meets the definition of a victim under this law.
  • Employees, or those with family members, that meet the criteria of a victim within this law may now use the time specifically to address matters relating to: relocation, enrolling children in a new school, obtaining legal services, participating in legal proceedings and obtaining children in connection with qualifying acts of violence.

Expanded Reasons for Leave for Agricultural Workers

As a result of the passing of Senate Bill 1105 (SB 1105), employers are now required to allow agricultural workers the ability to use paid sick leave during hazardous conditions arising from a state of emergency, such as smoke, heat, or flooding. This change clarifies that the HWHFA covers preventive care. The definition of "agricultural employee" is broad and includes various roles related to farming and agricultural product handling.

Next Steps

Employers will need to replace their current Healthy Workplaces/Healthy Families poster to reflect the changes introduced by AB 2499 and SB 1105. As of the date of this bulletin, the Department of Industrial Relations has not yet released an updated workplace posting with this information, but we anticipate they will do so in the coming weeks. Employers should also keep in mind their responsibility to notify employees of their rights to California Paid Sick Leave upon hire, annually thereafter, and upon request.

If you have any questions, please contact your HUB Advisor. View more Workforce Absence Management updates in our WAM Bulletins page.

NOTICE OF DISCLAIMER

Neither Hub International Limited nor any of its affiliated companies is a law or accounting firm, and therefore they cannot provide legal or tax advice. The information herein is provided for general information only and is not intended to constitute legal or tax advice as to an organization’s specific circumstances. You should consult an attorney, accountant, or other legal or tax professional regarding the application of the general information provided here to your organization’s specific situation in light of your organization’s particular needs.