UPDATE: Amendments and clarifications to the Paid Sick Leave Law were made in July 2015, and cover the following areas:
- Paid Time Off Policies
- Calculation of Sick Leave Pay
- Notice Requirement
- Compliance Recommendations
We invite you to read the article, Clean-Up Legislation for California’s New Paid Sick Leave Law is Forthcoming in Early July from the California Public Agency Labor & Employment Blog for further details.
To review the legislation, please view the California Assembly Bill 304
Effective July 1, 2015, an employee who works in California is entitled to paid sick leave. The law mandates paid sick leave to all full-time, part-time, temporary and seasonal employees who work for a company for 30 or more days.
California Sick Leave Accrual: How it Works
- Sick leave accrual begins on the first day of employment or July 1, 2015, whichever is later.
- Employees accrue one (1) hour for every 30 hours worked.
- Employees may use accrued paid sick days beginning on their 90th day of employment.
- Employers may limit the amount of paid sick leave an employee can use in one year, to three (3) days.
- Accrued paid sick leave is carried over to the next year but it may be capped at 48 hours or six days.
- An employer is not required to pay an employee for unused sick leave upon the employee’s separation from employment.
- An employee may take paid leave for the employee’s own self, or a family member for the diagnosis, care or treatment of an existing health condition or preventive care or for specified purposes for an employee who is a victim of domestic violence, sexual assault or stalking.
Note: If an employer has a paid leave or paid time off policy (PTO) that provides no less than 24 hours or three days of paid leave or paid time off, no accrual or carry over is required if the full amount of leave is received at the beginning of each year in accordance with the policy.
Employer Compliance with California Sick Leave Act
There are several steps that employers must follow in order to comply:
- Display the poster on paid sick leave where employees can read it easily;
- Provide written notice to employees about sick leave at the time of hire;
- Provide for accrual of one hour for every 30 hours worked and allow use of at least 24 hours or 3 days or provide at least 24 hours or 3 days at the beginning of a 12 month period of paid sick leave for each eligible employee to use per year;
- Allow eligible employees to use accrued paid sick leave upon reasonable request;
- Show how many days of sick leave an employee has available. This must be on a pay stub or a document issued the same day as a paycheck; and
- Keep records showing how many hours have been earned and used for three years.
Sick Leave Across the Country
The following is taken from DOL website (www.dol.gov) regarding federal sick leave laws. For specific sick leave laws/policies in your state, please contact FosterThomas for assistance.
Currently, there are no federal legal requirements for paid sick leave.
For companies subject to the Family and Medical Leave Act (FMLA), the Act does require unpaid sick leave. FMLA provides for up to 12 weeks of unpaid leave for certain medical situations for either the employee or a member of the employee’s immediate family. In many instances paid leave may be substituted for unpaid FMLA leave.
Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months, and have worked for at least 1,250 hours over the previous 12 months, and work at a location where at least 50 employees are employed by the employer within 75 miles.
HR Compliance, HR Management & Consulting
- Do you need assistance in drafting a written notice to your employees regarding your sick leave and PTO policy?
Our exceptional HR Management Solutions are designed to provide complete and continuous HR compliance, guidance, employee cultivation, training and administration. Gain peace of mind, knowing that your unique human resources needs are being taken care of accurately, by your team of HR experts at FosterThomas HR.