As you know, California’s Healthy Workplaces, Healthy Families Act of 2014 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. The Act requires an employer to, upon the oral or written request of an employee, provide paid sick days for specified purposes, including the diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee’s family member.
The state legislature has now added another qualifying reason for sick leave, specific to agricultural employees. That is, employers will now be required to provide paid sick days to agricultural employees who (1) work outside, and (2) are entitled to paid sick days in order to avoid smoke, heat, or flooding conditions created by a local or state emergency.
According to the amended Act, there are smoke, heat, or flood conditions created by a local or state emergency if the Governor proclaims a state of emergency pursuant to Section 8625 of the Government Code, or a local emergency is proclaimed pursuant to Section 8630 of the Government Code, due to smoke, heat, or flooding conditions that prevent agricultural employees from working.
The amended Act goes into effect on January 1, 2025.