The California Paid Sick Leave Law mandates the state’s paid sick leave policies that all employers must comply with in order to ensure their employees are given ample opportunity to protect their health and wellness along with that of their co-workers without risking their employment status.
Under the law, employers must provide paid sick leave to all employees who work in the state of California for a minimum of thirty days a year. This applies to full-time, part-time, seasonal, or temporary workers.
What Constitutes Workplace Sexual Harassment?
As of July 1, 2015, the Healthy Workplaces, Healthy Families Act of 2014 was passed as a means for creating a level of compliance for employers to offer and track accrued paid sick leave for employees who work in California for thirty or more days within one year. The impetus for establishing this law was to give employees a sufficient allowance of paid sick days that are determined based on the number of hours worked throughout the year since many employees were not being afforded these advantages for maintaining their own health and wellness or attending to family members who required care.
Since the HWHF Act has been implemented, there have also been amendments made that strengthen employee protections while adding greater clarity for employers in order to help them remain in compliance with this essential component of the California Labor Code.
California Paid Sick Leave Law Provisions for Employees
Your health is of paramount importance and it’s vital that you are well-informed of your rights and requirements for exercising those rights under the law, including how and when you can earn and use paid sick leave.
Earning Paid Sick Leave
There are two methods that employers can implement in determining sick leave: hourly accrual and front loaded. Under the hourly accrual method, which is the default method, eligible employees earn at least one hour of paid sick leave for every thirty hours worked for your employer. The standard accrual method under the law mandates that your hours begin to accrue from the first day of employment. The unused balance carries over each year.
Under the front loaded method, at least 40 hours/ 5 days are credited to the employee at the start of each year. The balance may be reset to 0 at the beginning of the year and this does not need to carry over.
However, some employers may not allow employees to use their accrued sick leave until after the first ninety days in their position of employment.
Your employer should be clear and concise about how your accrued sick leave hours are earned and when they are available for you to use.
How Sick Leave Can Be Applied
Employees may earn and use up to forty hours or five days of paid sick leave on an annual basis. Some employers may place a limit on the number of sick hours earned at eighty hours or ten days because unused sick leave does carry over from one year to the next.
Taking sick leave is permitted under law for a variety of purposes. You may apply your sick days to address an illness or injury that you are currently suffering or sustained or for the purposes of preventive care to protect your health and well being.
California law also provides sick leave for an employee tasked with the care of a family member including a child, a parent, a spouse or domestic partner, a grandparent, grandchild or sibling). In addition, employees who have been the victim of domestic violence, stalking, or sexual assault may also take paid time off under the law, when accrued.
Making a Request to Take Sick Leave
Most employees may have a standard protocol to follow in requesting sick leave as mandated by their employer. However, there are certain rules that must be followed by employers or risk being found in violation of paid sick leave law.
Employers may not punish or otherwise restrict or influence any employee for using his or her sick leave that has been earned properly under the law. A doctor’s note is not required, nor can any employer request a doctor’s note, until the employee has been unable to report to work for more than three days.
Paid Sick Leave Requirements for California Employers
The California Labor Code is clear on remaining compliant with paid sick leave laws and provides penalties for employers who fail to do so. The Division of Labor Standards Enforcement is tasked with ensuring compliance and may impose a variety of penalties for willfully violating state paid sick leave laws.
These may include payment of lost wages withheld due to denied leave and other administrative punitive measures appropriate to the violations committed.
Inform Employees of their Rights
All non exempt employees covered under the law must have access to information that explains their rights when it comes to earning and using paid sick leave. The California Labor Commissioner’s Office provides employers with a poster that clearly presents all of the facts about employees’ rights in earning and accruing sick leave, how unused paid sick leave is addressed, and employer requirements for approving sick leave requests.
Logging Earned Hours of Employees
Employers are required to maintain a minimum of three years of paid sick leave records of paid sick leave accrued and used by each employee working in the organization. All employees must have access to these records upon request. In addition, accrued sick leave balances for each employee must be documented on pay stubs or other documents that are issued with employment compensation.
Prohibiting Retaliation or Discrimination For Paid Sick Leave Use
Employers are prohibited from retaliating or discriminating against any employee who requests paid sick leave that has been properly accrued. This restriction also applies to any employee who files a complaint against an employer or participates in any investigation into violations of paid sick leave laws by the same employer.
Unused Paid Sick Leave Compensation Requirements
Under the law, employers must compensate any employee taking his or her paid sick leave at their current pay rate. Employees who earn variable wages are calculated based on an average rate of the previous ninety days prior to the use of paid sick leave.
If an employee is terminated from his or her position of employment, provided that termination is not a violation of federal or state labor laws, employers are not required by law to pay out unused paid sick leave. Should the terminated employee be reinstated or rehired within one year of termination, that employee’s accrued sick leave is to be restored to its initial earnings level.
Are You the Victim of a Paid Sick Leave Violation? Don't Fight Your Employer Alone!
The Law Office of Fahim Rahman is on your side. The California Paid Sick Leave laws are specific about your rights and your employer’s requirements for meeting compliance under the law.
But if you believe you were denied sick leave to which you were entitled or your employer failed to provide paid sick leave when it was earned, you may be entitled to compensation. But you don’t have to take on your employer on your own, the best way to get what you deserve is by calling Fahim Rahman for a consultation to discuss your situation and how it has impacted your life. If you have a case, you will be advised on the next steps to take and the Law Office of Fahim Rahman will be with you every step of the way.
You earned those paid sick days, it’s your right to use them when and how you wish, as provided by law. If your employer has prevented you from exercising your rights, it’s time to call Fahim Rahman.