California Employment Law Blog

UPDATE: Governor Newsom Signs New Five Day Paid Sick Leave Mandate

Posted by Timothy B. Del Castillo | Oct 05, 2023 | 0 Comments

On October 4th, Governor Newsom signed into law SB 616, a bill aimed at expanding paid sick leave benefits for workers in the state. Under this legislation, employers are now required to provide workers with at least five paid sick days per year, up from the previous three days. Additionally, the SB 616 increases the accrual and carryover amounts.

This change, however, has raised concerns, particularly for small businesses. Small businesses form a significant part of California's economy, contributing to local communities and overall economic success. These businesses are already grappling with various challenges, including the aftermath of the COVID-19 pandemic and rising inflation. The added financial burden of providing additional paid sick leave days may have unintended consequences.

One primary concern is the increased cost that SB 616 imposes on small businesses. While larger corporations may have the financial capacity to provide five days of paid sick leave, small businesses, often operating on narrow profit margins, find it challenging to absorb these costs. As a result, they may face two potential outcomes:

First, many small businesses may have no choice but to pass the added expenses on to consumers. This could lead to higher prices for goods and services, impacting the cost of living for Californians.

Secondly, small businesses may resort to measures such as reducing their workforce or cutting employee wages to offset the financial impact. These measures, while potentially necessary for business survival, can have negative effects on employees and the broader economy.

Another issue related to paid sick leave is the lack of documentation requirements under the Healthy Workplaces, Healthy Families Act. While SB 616 expands paid sick leave, it does not address the concern of employees abusing this benefit for non-sick leave-related purposes. Employers are left in a challenging position, unable to require documentation even when they suspect misuse of paid sick leave.

The Governor, on the other hand, has held that expanding paid sick leave has several potential benefits, including reducing the economic impact of working while sick, providing financial relief to employees, improving employer productivity and morale, and reducing healthcare costs.

Ultimately, while SB 616 seeks to enhance benefits for California workers and address economic issues related to working while sick, there are many valid concerns about its impact on small businesses. Balancing the interests of employees and employers, especially small businesses that are vital to the state's economy, will be essential as California continues to implement labor policies aimed at improving workers' rights. Finding a harmonious equilibrium will be crucial for the state's long-term economic health. We will be sure to provide more updates on how SB 616 may affect you and your business.

About the Author

Timothy B. Del Castillo

Tim Del Castillo is Founding Partner of Castle Law: California Employment Counsel, PC.


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