California paid sick leave laws mandate protected time off for health and safety needs under the Healthy Workplaces, Healthy Families Act. Most employers must provide up to 40 hours or 5 days of sick leave annually, ensuring workers can take care of their health without compromising their job security.
Many local jurisdictions within California have established their own sick leave requirements. Generally, when state and local regulations differ, employers must follow whichever provisions are more generous to employees, with some specific exceptions regarding loan policies, documentation, and payment requirements.
Common Questions About California Paid Sick Leave
Understanding California paid sick leave requirements is crucial for maintaining workplace compliance and supporting employee well-being. The law establishes comprehensive guidelines for leave accrual and usage, with specific provisions that protect both workers and employers. Here’s what you need to know to stay compliant.
Who can take paid sick leave in California?
Any employee who works at least 30 days per year in California is eligible for paid sick leave benefits. That said, employers can make employees wait 90 days before using any accrued sick leave or lend paid sick days to employees in advance of accrual.
Which employers have to provide this leave?
The requirement applies to all employers with at least one employee in California, making it a universal mandate across the state’s business landscape.
How much leave do employers need to provide?
Employees accrue one hour of paid sick leave for every 30 hours worked, up to 40 hours or 5 days per year. Employers can implement alternative accrual methods if they provide at least 24 hours of leave by the 120th calendar day of work and 40 hours by the 200th calendar day.
For exempt employees, accrual is based on a 40-hour workweek unless their normal schedule consists of fewer hours, in which case accrual follows their regular schedule.
What can California paid sick leave be used for?
Employees can use their leave for preventative care, diagnosis, or treatment of health conditions for themselves or family members. Paid sick leave also covers specific needs related to domestic violence, sexual assault, or stalking, including:
- Medical attention for injuries
- Services from domestic violence shelters or rape crisis centers
- Psychological counseling
- Safety planning or relocation
- Obtaining legal protection orders
How does this relate to other types of leave?
California paid sick leave is distinct from other state-mandated leaves, including the paid family leave insurance program and California Family Rights Act (CFRA). While sick leave can be used concurrently with some other leaves, specific rules govern these interactions. Employers can use a comprehensive paid time off policy to meet these requirements if it provides equivalent or greater benefits.
Can employers limit how many hours of sick leave employees use in a year?
Employers can limit annual usage to 40 hours or 5 days, whichever is greater. For example, employees working 10-hour days would be entitled to 50 hours of sick leave annually, while those working 6-hour days would receive 40 hours, as this exceeds their 5-day equivalent.
Can employers provide all the leave at once instead of letting it accrue?
Yes, employers can frontload sick leave by providing at least 40 hours or 5 days at the year’s start. New hires must receive 24 hours by their 120th day and 40 hours by their 200th day of employment.
Do employers have to carry over unused leave?
Accrued and unused paid sick leave must carry over to the next year, up to 80 hours or 10 days, whichever is greater. However, employers who frontload leave aren’t required to allow carryover.
What is the smallest amount of leave an employee can use?
California employers can establish a minimum use increment of up to two hours.
What notice do employers and employees need to provide?
Employers must display a workplace poster about sick leave rights and provide non-exempt employees with an individualized “Notice to Employee.” Employers must also provide notice of available paid sick leave (or PTO) on pay stubs or in separate documents on pay days.
Employees must give reasonable advance notice for foreseeable leave and notify employers as soon as possible for unforeseeable needs.
What verification can employers ask for?
While employers cannot deny leave solely due to lack of medical verification, they may request documentation when reasonable suspicion exists about leave validity. However, employees can take immediate leave upon oral or written request.
Are employees’ jobs and benefits protected when they take this leave?
Yes, employers are prohibited from demoting or retaliating against employees for using accrued sick leave.
Do employers have to pay out unused sick leave at separation?
No payout of unused sick leave is required at separation. If rehired within 12 months, employees must have their previously accrued and unused sick leave reinstated. However, if the employer used a PTO policy and paid out unused time at separation, reinstatement isn’t required.
Simplify California Paid Sick Leave with SixFifty
Navigating California paid sick leave requirements can be complex, especially with varying local ordinances and specific compliance details. SixFifty’s solutions streamline the process, ensuring your policies align with both state and local regulations while reducing the administrative burden on your HR team. We’re here to keep you compliant—even as paid sick leave laws evolve.
Want to see how it works? Schedule a free demo today!
