California’s New Paid Sick Leave Policies

May 16, 2018

Employment Law

Under the Healthy Workplaces, Healthy Families Act of 2014, if you are working in the State of California for 30 days or more in a year, your employer must provide you with paid sick leave for “diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee’s family member” or if you are a “victim of domestic violence, sexual assault or stalking.” Cal. Labor Code §§ 246 (a)(1);246.5(a)(1)-(2). However, employees with qualifying collective bargaining agreements, In-Home Supportive Services providers, retired annuitants working for government entities, and certain air carriers are exempt from this law. CLC §245.5.

Under Code § 246 (b)(1) “An employee shall accrue paid sick days at the rate of not less than one hour per every 30 hours worked, beginning at the commencement of employment” or July 1, 2015, whichever is later. However, the sick days may not be used until after 90 days of employment and may be limited to 3 days or 24 hour periods per 12-month period. Cal. Labor Code § 246(c). Unused sick leaves may accrue to the following year but employers may cap these accruals at 6 days or 48 hours per year. CLC § 246(i).

Further, your employer must post, at a conspicuous place, at the workplace,  a poster created by the Labor Commissioner (http://www.dir.ca.gov/DLSE/Publications/Paid_Sick_Days_Poster_Template_(12_2014).pdf ) notifying their employees of these protections. Code § 247(a). Moreover, your employer must provide most newly hired nonexempt employees, unless you are exempt from overtime payment, with an individualized Notice to Employee (http://www.dir.ca.gov/DLSE/LC_2810.5_Notice.pdf)  that includes information on paid sick leave. CLC § 246(h).

Keep in mind that your employer also has additional duties under local laws. If you suspect that your employer’s sick leave policies have violated any of these laws, you may have a legal claim against them. CLC § 245(b).