California Workers: Know Your Sick Day Rights

California's paid sick leave laws have been updated to provide comprehensive guidelines for leave accrual and usage, protecting both workers and employers. The laws are designed to ensure workers can take care of their health and well-being without compromising their job security. Starting in 2024, most full-time, part-time, and temporary workers in California are eligible for at least 40 hours or five days of paid sick leave per year, an increase from the previous 24 hours. This guide will explore the key provisions of California's paid sick leave laws, including eligibility requirements, accrual methods, usage guidelines, and protections for employees. Understanding these laws is crucial for both employers and employees to ensure compliance and maintain a healthy work-life balance.

California Sick Leave Law

Full-time, part-time, and temporary workers are eligible for paid sick leave

In California, full-time, part-time, and temporary workers are eligible for paid sick leave. This applies to employees who work for the same employer for at least 30 days within a year in California. However, there is a 90-day waiting period for new employees before they can take any paid sick leave. This means that employees must complete 90 days of employment before they can start using their accrued sick leave.

The amount of paid sick leave that employees are entitled to depends on how the employer chooses to provide it. Employers can either give employees access to the full amount of paid sick leave upfront, or they can require employees to earn their paid sick leave over time through an accrual plan. If employers choose the accrual method, employees must earn at least one hour of paid sick leave for every 30 hours worked. This means that employees will gradually build up their available paid sick leave with each hour they work.

Regardless of the method chosen by the employer, employees must have access to at least 40 hours or five days of paid sick leave per year. This is an increase from previous years, when employees were only entitled to 24 hours or three days of paid sick leave. It's important to note that unused paid sick leave can be carried over to the next year, providing additional flexibility for employees.

In addition to the state-mandated requirements, local ordinances in California may require employers to provide even more paid sick leave. In such cases, employers must comply with both the local and state laws, choosing the option that is most beneficial for the employee. This ensures that employees in California have adequate paid sick leave to take care of their health and well-being without compromising their job security.

Employees accrue one hour of paid sick leave for every 30 hours worked

California's Paid Sick Leave (PSL) law entitles employees to a minimum of 40 hours, or five full workdays, of paid sick leave per year. This law applies to most full-time, part-time, and temporary workers, including those who work overtime. Employees accrue paid sick leave at a rate of one hour for every 30 hours worked. This accrual method is known as the 1:30 schedule or the standard accrual method.

Employers in California can choose between two methods for providing PSL to their employees: the accrual method or the lump-sum method. With the accrual method, employees gradually earn their paid sick leave based on the number of hours they work. This method ensures that employees have access to sick leave throughout the year and encourages them to work towards building up their sick leave balance. On the other hand, the lump-sum method gives employees immediate access to their full allotment of paid sick leave at the beginning of the predetermined period. This approach simplifies the tracking of sick leave and allows employees to plan their leave in advance.

The accrual method is more commonly used and is designed to benefit both employees and employers. For employees, it provides a sense of security and encourages a healthy work-life balance. It also ensures that they can take time off when needed without losing income. For employers, the accrual method helps to manage cash flow and reduces the risk of abuse of sick leave benefits. Additionally, it promotes employee retention and demonstrates a commitment to employee well-being.

While the accrual method is advantageous, it's important for employers to monitor and manage the process effectively. This includes keeping accurate records of hours worked, tracking accrued sick leave, and providing regular updates to employees about their balances. Employers should also be aware of any local ordinances that may require them to provide more paid sick leave than state law mandates. In such cases, employers must comply with both local and state laws, offering the provision that is most beneficial to the employee.

Employers can't deny sick leave due to lack of medical verification

In California, employers are required by law to provide paid sick leave to their employees. This law, which came into effect on January 1, 2024, mandates that employers provide a minimum of 40 hours or five days of paid sick leave per year to full-time, part-time, and temporary workers who have worked for the same employer for at least 30 days within a year in California and have completed a 90-day employment period. This law also applies to employees of staffing agencies.

While employers are generally required to comply with both local and state laws regarding sick leave, they must provide the provision that is most generous to the employee. As of January 1, 2024, local ordinances cannot contradict state laws regarding lending paid sick leave, pay stub statements, calculation of paid sick leave, providing notice, timing of payment, and whether payment is required upon termination. In the event of a contradiction, the state law prevails.

It is important to note that employers cannot deny an employee's request for paid sick leave based solely on a lack of certification from a healthcare provider. An employee is entitled to take paid sick leave immediately upon their oral or written request, and the leave is not conditioned on medical certification. This applies to employees covered by a collective bargaining agreement. However, in certain circumstances, it may be reasonable for an employer to request documentation before paying sick leave if there is an indication that the employee is not using it for a valid purpose.

Employers are also subject to the anti-retaliation provisions of the paid sick leave law, which prohibit them from retaliating against employees for using their accrued sick days. For example, an employer cannot deny holiday pay to an employee because they used an accrued sick day for a qualifying purpose before or after a holiday. If an employer violates these provisions, the employee can seek remedies by filing a retaliation complaint with the Labor Commissioner's Office.

Employees can use paid sick leave for preventative care

In California, employees can use paid sick leave for preventative care, including regular check-ups, health screenings, and immunisations. This is in addition to using it for treatment or diagnosis of an existing health condition. This entitlement is covered under California's Paid Sick Leave (PSL) law, which allows employees to take paid sick days for themselves or their immediate family members.

The law, which came into effect on January 1, 2024, requires employers to provide at least 40 hours or five days of paid sick leave per year to most workers, including full-time, part-time, and temporary workers. This is an increase from the previous requirement of 24 hours. Employers can choose to provide more PSL hours or days off if they wish. Employees can accrue PSL gradually, at a rate of one hour for every 30 hours worked, or receive access to the entire amount at the beginning of their employment.

The law also applies when an employee needs to take care of a sick child, whether the illness is minor, like a cold, or severe, like hospitalisation. Additionally, employees who have been victims of domestic violence, sexual assault, or stalking can use PSL for medical treatment of physical injuries resulting from abuse.

It is important to note that employers cannot require employees to find a replacement as a condition for taking paid sick leave. Furthermore, employers are subject to the anti-retaliation provisions of the paid sick leave law and cannot retaliate against an employee for using paid sick leave. For example, if an employer denies holiday pay to an employee because they took an accrued sick day, the employer may be in violation of the anti-retaliation provisions. Employees can seek remedies for these violations by filing a retaliation complaint with the Labor Commissioner's Office.

Employers must provide a workplace poster about sick leave rights

In California, employers are required by law to provide a workplace poster detailing employees' rights to paid sick leave. This poster must be displayed in a conspicuous and accessible location. The poster outlines the provisions of the Healthy Workplace Healthy Family Act of 2014 (AB 1522), which states that employees are entitled to a minimum of 40 hours or five days of paid sick leave per year. This law applies to most full-time, part-time, and temporary workers who have worked for the same employer for at least 30 days within a year in California and have completed a 90-day employment period.

The Labor Commissioner has updated the paid sick leave poster to reflect the changes in the law that came into effect on January 1, 2024. Employers who previously provided less than five days or 40 hours of paid sick leave per year are required to provide employees with a new copy of the notice. The poster is available in multiple languages, including Spanish, Korean, Tagalog, Chinese Simplified, and Vietnamese.

The paid sick leave poster informs employees of their right to take time off for treatment, diagnosis, or preventative care for themselves or their family members. This includes doctor visits, lab tests, chronic disease treatments, and surgeries. Additionally, employees who have been victims of domestic violence, sexual assault, or stalking can use their paid sick leave for medical treatment of physical injuries resulting from abuse.

It is important to note that employers may choose from different accrual methods when offering paid sick leave. The standard accrual method is for employees to gradually accrue paid sick time based on hours worked, earning one hour of paid sick leave for every 30 hours worked. Alternatively, employers may provide employees with access to the entire PSL amount at the beginning of the predetermined period.

By providing the paid sick leave poster in the workplace, employers ensure that employees are aware of their rights and entitlements regarding paid sick leave. This promotes a transparent and compliant work environment, fostering trust and a sense of security among employees.

Frequently asked questions