California Bill Considers Paid Backup Childcare for Workers

In 2014, California passed the Healthy Workplaces, Healthy Families Act that provides eligible employees sick leave and other benefits for employers of all sizes. Federal law also provides family and medical leave for workers in certain situations. A new bill in California would require paid backup childcare as a direct benefit to employees that work for employers of a certain size. As a California worker, this new bill could provide substantial additional benefits for you and your family if passed. For answers to all your employment questions, call or contact an employment law attorney in your area today. 

The Need for Childcare Benefits

The recent coronavirus pandemic has highlighted the issues faced by working parents, especially as children get sick, schools and childcare centers close, and parents have burned through all their sick leave caring for their children. Almost one-third of all workers nationwide have children under the age of 14, and these parents missed on average eight days of work every year prior to the pandemic. This has increased dramatically over the last year.

Paid Backup Childcare Law

Referred to as AB 1179, the new bill would apply to employers with 1,000 or more employees in addition to state and local municipalities. Exceptions include employers with fewer than 1,000 employees and workers covered by a collective bargaining agreement that contains terms for similar benefits as well as certain airline employees, government retirees, and workers in the construction industry covered by a collective bargaining agreement providing for regular pay that is not less than 30% of the state minimum wage.

If passed, this law would allow eligible employees to accrue backup paid childcare benefits not less than one hour for every 34 hours worked, starting at the beginning of employment. The bill provides a few different options for employers to cover these benefits, which includes the following: 

• Contracting with a licensed childcare provider and providing direct payments to the licensed provider for the hours used by the employee,
• Directly paying a qualified backup childcare provider upon receipt of an invoice detailing the number of hours used by the employee,
• Reimbursing the employee for up to 60 hours for backup childcare paid by the employee, or
• Providing 60 hours and making it available for use at the beginning of each year of employment for eligible employees.

The paid backup childcare benefits would also carry over to the following year, but use would be limited to 60 hours per year of employment, calendar year, or 12-month period, whichever the employer decides. Any unused paid backup childcare benefits would not be paid out after an employee leaves the company. Finally, the bill would require employers to maintain records about paid backup childcare for three years and provide the information on wage statements.

Talk to an Employment Lawyer Today

Do you have questions about family leave benefits or other employment law concerns? Then call or contact an experienced California employment law attorney near you today to schedule a consultation and learn more about your legal options.