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 An employee who works in California for 30 or more days a year is entitled to paid sick leave. This applies to every employer, no matter what the size of the firm or the number of employees.
Some of the requirements are:
- The sick leave can be used for the illness of the employee or their family member.
- If an accrual method is used, the sick time must accrue at a rate of one hour per every 30 hours worked and carries over to the following year. Employers may cap the amount of sick leave accrued at 24 hours or 3 days per year with an overall cap of at least 48 hours.
- If an accrual method is not used, then an employer can provide 24 or more hours at the beginning of each year with no carry-over of unused time to the next year.
- Employers can set a minimum sick leave time, which cannot be greater than 2 hours.
- An employer shall provide an employee with written notice of the amount of leave available, or paid time off on either the employee's itemized wage statement or in a separate writing provided on the designated pay date.
- The employer must keep records for 3 years that document the hours worked and the sick days accrued and used by the employee. If adequate records are not kept, there is a presumption that the employee is entitled to the maximum number of hours that can be accrued.
The Labor Commissioner has the power to fine or penalize employers who do not comply with the new law. This is a good time to confirm payroll statements and ensure employee handbooks are in compliance with the new law.
For more information, please click on the link.CA Dept of Industrial Relations
Send questions to: DRA Employee Benefits
DRA
Employee Benefits Dept.
T: 510.465.3090
License# 0020739
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