Understanding Senate Bill 1105

In late September, Governor Gavin Newsom signed Senate Bill (SB) 1105 into law. This law, which will take effect at the beginning of 2025, expands the Healthy Workplaces, Healthy Families Act by requiring employers to provide paid sick days to agricultural workers for a wider variety of reasons. The Healthy Workplaces, Healthy Families Act already ensures paid sick leave for workers. However, SB 1105 addresses the unique risks faced by outdoor agricultural workers. This new law provides paid sick leave for outdoor agricultural workers during emergencies. If you are an agricultural worker, it is crucial that you understand the provisions under SB 1105. That way, you can protect your legal rights.

Senate Bill 1105 mandates that employers provide paid sick days to outdoor agricultural employees who need time off to avoid smoke, heat, or flooding conditions created by an emergency. This includes paid sick leave for preventive care due to the employee’s job or such conditions. Senate Bill 1105 aims to protect agricultural workers who work outside and are highly susceptible to environmental hazards.

Who is an Agricultural Employee?

An agricultural employee, as defined under California Labor Code section 9110, is someone who works in any of the following;

• An agricultural job as described in the Industrial Welfare Commission’s (IWC’s) Wage Order number 14.
• Farm-based industries that prepare agricultural products for the market, according to Wage Order number 13 of the IWC.
• Post-harvest product handling industries, defined in Wage Order number 8 of the IWC.

How Does SB 1105 Work?

The sick leave under SB 1105 applies when local or state officials declare an emergency, such as an extreme heat wave, wildfire, or flooding, that makes it unsafe for outdoor agricultural workers to carry out their duties. When you need to take time off to avoid smoke, heat, or flooding, you simply need to make an oral or written request to your employer. And, if you decide to use your emergency sick leave, your employer cannot require you to find a replacement worker to cover your off days.

Current provisions and requirements under existing law will remain even after SB 1105 goes into effect. For example, under current law, California employees who have worked for the same company for at least 30 days within 12 months are eligible for paid sick leave for specific reasons upon making a request. These reasons include diagnosis, medical treatment, and preventive care for a worker or their family member.

When it comes to accumulated sick days, existing law prohibits employers from denying employees the right to use these leave days. The law prohibits employers from terminating, threatening to terminate, demoting, suspending, or discriminating against an employee for using or trying to use their accrued sick days. Additionally, existing law requires the Labor Commissioner to enforce the Act. This includes investigating any alleged violation. After concluding investigations, the Labor Commissioner has the power to award any relief they find appropriate to the affected individual.

Contact a California Employment Lawyer

Contact a California employment lawyer if you have questions about Senate Bill 1105 or if your rights have been violated.