52 | 2025 Cal-Peculiarities ©2025 Seyfarth Shaw LLP www.seyfarth.com 117 Airline Pilots Ass’n Int’l v. United Airlines, Inc., 223 Cal. App. 4th 706 (2014) (because trusts in question were not “bona fide separate trusts,” ERISA preemption did not apply). 118 Mil. & Vet. Code §§ 394.5 et seq. 119 20 C.F.R. § 1002.5(d)(1)(i) and DOL comments in preamble to same. See also 38 U.S.C. § 4303(4)(A)(i). 120 Haligowski v. Superior Ct. (Pantuso), 200 Cal. App. 4th 983 (2011). 121 https://sf.gov/information/understanding-military-leave-pay-protection-act (last visited Mar. 20, 2025). 122 San Francisco Labor and Employment Code §§ 15.1 through 15.8, available at https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_laboremployment/0-0-0-711 (last visited Mar. 20, 2025). 123 Id.; San Francisco Private Sector Military Leave Pay Protection Act Implementation Guidance Pub. Feb. 16, 2023, available at https://www.sf.gov/sites/default/files/2023-02/MLPPA%20FAQ_Final_2.16.23_0.pdf (last visited Mar. 20, 2025). 124 San Francisco Labor and Employment Code § 15.6. 125 San Francisco Labor and Employment Code § 15.4. 126 San Francisco Labor and Employment Code §§ 15.2, 15.4. 127 San Francisco Labor and Employment Code § 15.4. 128 San Francisco Labor and Employment Code § 15.5(b)(2). 129 San Francisco Labor and Employment Code § 15.5(b)(3). 130 Mil. & Vet. Code § 395.10(d), (e). 131 Fam. Code § 297.5. 132 Mil. & Vet. Code § 395.10(d), (e). 133 The Covid-19 pandemic drove an exponential increase in complex paid sick and personal leave mandates enacted during 2020. Nationally, 66 paid sick or personal leave mandates arose in 46 jurisdictions. California contributed most of them: about 25 paid sick leave mandates, with the total number depending on whether one counts industry-specific laws (e.g., those applying to hotel or food services employees) and contract-specific laws (e.g, those applying to airport concessionaires and city contractors). 134 https://sfgov.org/olse/public-health-emergency-leave-ordinance (last visited Mar. 20, 2025). 135 https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB616 (last visited Mar. 8, 2025); https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=202320240SB1105&showamends=false (last visited Mar. 8, 2025); https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB2499 (last visited Mar. 8, 2025). 136 Id. 137 Id. 138 https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=202320240SB1105&showamends=false (last visited Mar. 8, 2025); https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB2499 (last visited Mar. 8, 2025). 139 Lab. Code § 246(a). Employees partially exempt from the California Paid Sick Leave Law include employees whose employment is governed by a valid CBA that provides for payment of wages, hours of work, working conditions, overtime premiums, regular hourly rate of pay not less than 30 percent greater than the state minimum wage, paid sick leave or similar leave, and final and binding arbitration of disputes regarding the paid sick days provision. See Lab. Code § 245.5(a). However, these workers are still entitled to some paid sick leave under their CBA, and as of January 1, 2024, these employees are protected by the law’s anti-retaliation provisions, must be allowed to take sick leave for all the purposes specified in the paid sick leave law, and cannot be required to find a replacement as a condition of taking paid sick leave law. Id. To the contrary, construction employees covered by CBAs with specified provisions, certain air carrier and flight personnel, and certain public-sector working retirees are completely exempt from the California Paid Sick Leave Law. Id. 140 Lab. Code § 246(b)(1). 141 Lab. Code § 246(b)(3). 142 Lab. Code § 246(b)(2). 143 Lab. Code § 246(d), (j). 144 Lab. Code § 246(d). 145 Lab. Code § 246(f)(2). 146 Lab. Code § 246(d). 147 Lab. Code § 246(k). 148 Lab. Code § 246(c). 149 SB 1105 provides that agricultural employees who work outside may use PSL to avoid smoke, heat, or flooding conditions created by a local or state emergency, including when a worksite is closed due to these conditions. https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=202320240SB1105&showamends=false (last visited Mar. 9, 2025). The legislature considered this a clarification of California’s Paid Sick Leave Law’s provision that PSL can be used for preventive care. 150 Lab. Code §§ 245.5(c), 246.5(a)(1). 151 Lab. Code § 246.5(a)(2). 152 Govt Code § 12945.8(j)(5).
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