California Paid Sick Leave Law

12/08/2014

Effective July 1, 2015, all California employers must provide California employees with at least 3 days (24 hours) of paid sick leave per year.  The law applies to any employee, whether exempt or non-exempt, full-time, part-time, temporary, or seasonal, who works in California for 30 or more days in a year.

  • Purposes of sick leave: The sick leave may be used for the diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee’s family member or an employee who is a victim of domestic violence, sexual assault or stalking.
  • Use of sick leave: Employees can use accrued leave starting on the 90th day of employment.  Employers may limit the amount of sick leave used to 24 hours or 3 days per year.  Unused, accrued sick days must carry over to the next year up to the permissible accrual cap.  An employer is not required to compensate an employee for accrued unused paid sick days upon termination from employment. Accrual: Sick days accrue at the rate of at least one hour per every 30 hours worked, beginning on July 1, 2015 or at the start of employment, whichever is later.  An employer can cap the annual accrual to 48 hours or six days.
  • Use of sick leave: Employees can use accrued leave starting on the 90th day of employment.  Employers may limit the amount of sick leave used to 24 hours or 3 days per year.  Unused, accrued sick days must carry over to the next year up to the permissible accrual cap.  An employer is not required to compensate an employee for accrued unused paid sick days upon termination from employment.
  • Notice: Employers must provide employees with written notice that sets forth the amount of paid sick leave available on either the employees’ itemized wage statements or in a separate writing provided on payday.  Employers must also display in a conspicuous place a poster explaining the sick leave law and provide information to new hires.  A poster and template will be drafted and made available by the Labor Commissioner. Employees must provide notice as soon as practicable when the leave is unforeseeable and reasonable advance notice when the leave is foreseeable.
  • Existing PTO policies: Employers already with a PTO policy are not required to provide additional paid sick days as long as employers make available an amount of leave that may be used for the same purposes and same conditions as the new law.  Employers with existing policies will have to abide by the posting requirements.

If you have any questions, please contact your WGA’s Compliance Team info@WGAins.com.