Understanding CA Sick Leave: Key Changes and Employer Responsibilities
Eligibility and Coverage
All California employees who work more than 30 days for the same employer in a given calendar year are eligible for California-paid sick leave, which requires strict compliance and record-keeping to ensure adherence to state regulations.
In-home, part-time, and per-diem workers are covered by the law, as well as temporary workers.
Employees exempt from the paid sick leave law include those partially exempt from paid sick leave under a collective bargaining agreement (CBA) with specified provisions.
Earning and Accrual of Paid Sick Leave and Accrued Paid Sick Leave
Employees earn at least one hour of paid sick leave for every 30 hours worked, with a cap of 80 hours or 10 days (whichever is greater). Employers may use the employee’s anniversary date to track the accrual of paid sick leave, ensuring accurate management of sick leave policies. Employers can choose to either frontload or accrue sick pay, with a cap of 80 hours or 10 days for accrued sick pay and 40 hours or five days for annual use. Accrual of paid sick leave accrued is based on the number of hours an employee works.
Using Paid Sick Leave
Employees may use paid sick days, as required by California law, for themselves or a family member, including for preventive care or diagnosis, care or treatment of an existing health condition, or for specified purposes if they are a victim of domestic violence, sexual assault, or stalking.
The law defines “family member” as the employee or their parent, child, spouse, registered domestic partner, grandparent, grandchild, sibling, or a designated person.
Employees may take paid sick leave even if they do not provide details about the need to use sick leave or fail to produce a doctor’s note.
Rate of Pay and Payment
Nonexempt employees must be paid for absences under the paid sick leave law as if they were actually working, ensuring they receive the mandated minimum of 40 hours of paid sick leave per year as required by California law.
Exempt employees must be paid for paid sick leave absences in the same manner the employer pays other types of paid leave.
The paid sick leave law requires that an employer provide payment for sick leave taken by an employee no later than the payday for the next regular payroll period after the sick leave was taken.
Employer Responsibilities and Compliance
Employers must comply with California’s paid sick leave legal requirements and updates, including providing at least 40 hours or five days of paid sick leave per year, with the full amount available for the employee’s use from the beginning of each year of employment.
Yes, Employers must display a poster in an area frequented by employees where it may be easily read during the workday, containing information about paid sick leave.
Employers must provide most employees with an individualized Notice to Employee (required under Labor Code section 2810.5) that includes paid sick leave information.
Existing Employer Plans and California’s Paid Sick Leave Policies
Organizations using paid time off (PTO) plans for their workers comply with the law if those plans meet the state-mandated minimums for accrual time and overall calendar year guarantees. Some organizations offer unlimited paid sick leave, which exceeds state requirements and simplifies compliance by allowing this to be noted on employee pay stubs. PTO plans must also permit the accrual of paid sick time to be 10 days or 80 hours.
Protections for Workers Under the Law
- One important worker protection is forbidding employers to ask for proof of a medical visit, illness, or treatment to validate sick day use.
- Employers may, under certain circumstances, ask for documentation if they have information demonstrating that the worker took leave for an invalid purpose.
- Employees are protected from retaliation for using accrued sick leave, with specific provisions regarding presumed retaliation following complaints.
Record-Keeping and Tracking Requirements
Employers must keep records of paid sick leave time provided to employees and the amount of paid sick leave each employee uses for at least three years. It is important to note the differences between vacation pay and paid sick leave, particularly in the context of record-keeping and compliance. Employers should track time off for paid sick leave separately from other types of leave to ensure compliance. The number of sick days an employee has left must appear on their pay stub or document issued with their paycheck.
Interaction with Other Leave Laws
Navigating California’s paid sick leave law can be complex, especially when it intersects with other leave laws such as the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA). Employers must ensure they are compliant with all applicable laws when providing paid sick leave to employees. For instance, if an employee qualifies for CFRA or FMLA leave, the employer may need to extend additional leave beyond the standard paid sick leave requirements. This means that while the paid sick leave law mandates a minimum of 40 hours or five days of paid sick leave, employees might be entitled to more leave under CFRA or FMLA for serious health conditions or family care. Employers should carefully review each case to ensure they are meeting all legal obligations and providing the necessary support to their employees.
Employee Notification and Communication
Clear communication is crucial when it comes to paid sick leave. Employers must inform employees about their rights under the paid sick leave law and provide detailed information about the company’s specific sick leave policy. This includes notifying employees of the amount of paid sick leave they are entitled to, how it is accrued, and the ways in which it can be used. At the time of hire, employers are required to provide a written notice outlining these rights. Additionally, a paid sick leave poster must be displayed prominently in the workplace where it can be easily seen by employees. This ensures that all employees are aware of their entitlements and understand how to access their paid sick leave benefits.
Sick Leave for Part-Time and Temporary Workers
California’s paid sick leave law extends to part-time and temporary workers, ensuring they too receive the benefits of paid sick leave. Employers must provide these workers with at least one hour of paid sick leave for every 30 hours worked. While the accrual rate may vary depending on the employer’s policy, part-time and temporary workers are entitled to accrue paid sick leave just like full-time employees. This means that even if an employee works fewer hours, they still accumulate paid sick leave proportionally. Employers should ensure their policies are clear and consistently applied to all workers, regardless of their employment status.
Impact on Small Businesses
Small businesses may find it challenging to comply with California’s paid sick leave law, particularly if they have limited resources. However, there are ways to manage these requirements effectively. Small businesses can choose to provide paid sick leave through an accrual system, where employees earn leave based on hours worked, or by frontloading the full amount of paid sick leave at the beginning of the year. Additionally, small businesses may be eligible for certain exemptions or exceptions under the law, which can provide some relief. It’s important for small business owners to stay informed about their obligations and seek guidance if needed to ensure they are providing the required paid sick leave to their employees.
Recent Legislative Updates
California’s paid sick leave law has seen recent updates, most notably with the passage of Senate Bill 616 in 2023. This bill increased the minimum amount of paid sick leave required under the law from 24 hours or three days to 40 hours or five days. Employers must now ensure they are providing at least 40 hours or five days of paid sick leave per year to comply with the updated law. This change underscores the importance of staying current with legislative developments to ensure compliance and avoid potential penalties. Employers should review their sick leave policies and make any necessary adjustments to meet the new requirements.
Penalties for Non-Compliance
- Employers who fail to provide the required paid sick leave time, fail to pay employees during their accrued paid sick leave, or otherwise violate sick leave policies may face penalties.
- Employees can file a civil lawsuit if their employer fails to provide the required paid sick leave time, fails to pay them during their accrued paid sick leave, or otherwise violates sick leave policies.
Conclusion
- California’s paid sick leave law requires employers to provide at least 40 hours or five days of paid sick leave per year, with the full amount of this leave available for the employee’s use from the beginning of each year of employment.
- Employers must comply with the law’s requirements for accrual, use, and carryover of paid sick leave, as well as provide notice to employees and maintain accurate records.
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