Paid Sick Leave

​California’s Healthy Workplaces, Healthy Families Act of 2014 requires all employers to provide a set amount of paid sick leave (PSL) to employees working in California. The law establishes minimum requirements; however, employers have the option to provide more sick time off than the minimum required under the act or to combine the time into a personal time off (PTO) policy. In addition to California’s mandatory PSL law, there are local ordinances that might also provide PSL benefits that are greater than those required by California. For more information about local ordinances with additional requirements, please select the following locations: Berkeley,  City of Los Angeles, Emeryville,  San Francisco, Oakland, San Diego, Santa Monica​
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California Paid Sick Leave
WHO
  • The law applies to all employers, regardless of staff size.
  • All exempt, non-exempt, part-time, full-time and temporary employees who have worked in California for the same employer for 30 or more calendar days are eligible.

OVERVIEW
  • Accrual begins the first day of employment; however, the employer can limit an employee from using the leave for the first 90 days of employment.
  • The year or 12-month benefit year is defined by the employer.
  • The employer can limit employees to using no more than three days a year (24 hours).
  • An employer who chooses to provide leave on an accrual basis,  no less than one hour for every 30 hours worked, can limit the amount of PSL to a minimum of 24 hours (three days) each year and can cap the total accrual banked by an employee to a minimum of 48 hours (six days).
  • Regular and overtime hours are counted toward the employee’s accrual rate.
  • If the employer already has a policy in place that provides for PSL equal to or greater than the state requirement, there is no requirement to provide additional paid sick days.
  • At termination of employment, unused sick leave does not need to be paid out unless the employer’s policy combines the sick leave and vacation into a PTO policy. 
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ACCRUAL METHOD
  • Both regular and overtime hours are counted toward the accrual rate of one hour for every 30 hours worked.
  • Exempt employees are considered to work 40 hours per workweek, but if the normal workweek is less than 40 hours then accrual will be based on their normal workweek.
  • Any accrued but unused time must carry over to the following year of employment. However, an employer can cap the employee’s total accrued amount at a minimum of 48 hours or six days.
  • Employers can also limit the amount of leave an employee can take in any one year to a minimum of 24 -hours.
  • It is possible for a part- time employee to accrue less than 24 hours if the employee doesn’t work sufficient hours to meet the 24-hour cap.
REASONS FOR USE
  • Employers must allow employees to use the time for the diagnosis, care, or treatment of an existing health condition, or preventive care, for themselves or a “family member.” For example, an employee could take PSL for a cold or other sickness, for a sick child, or for an annual physical or other preventive care, like a flu shot.
  • An employee can use the full amount of the paid sick days for a qualifying family member. Please note that local ordinances may have additional definitions of qualifying family members.
  • A family member under California’s sick leave law is a:
    • Child: Child is defined as a “biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis.” The definition of child applies regardless of the child’s age or dependency status. (“In loco parentis” means standing in the place of a parent, or acting as a parent to someone)
    • Parent (or parent-in-law): Parent is defined as a “biological, adoptive or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.”
    • Spouse or registered domestic partner. Grandparent.
    • Grandchild.
    • Sibling.
    • PSL may also be used for an employee who is a victim of domestic violence, sexual assault or stalking. ​
GRANT METHOD
  • To avoid the administrative burden of tracking of accrual and carry-over, employers have the option to provide the time using a “lump-sum method” that grants the full amount of leave at the onset of the benefit year. 
  • The employee is provided the time, not a payment of wages, in advance for mandated PSL use.
  • With this method, an employee does not carry -over unused time at the end of the benefit year.
  • The employee will receive 24-hours or three new PSL days at the beginning of the established benefit year.
  • The policy must satisfy the following requirements:
  • The paid sick days must be offered at the beginning of each year of employment, calendar year, or 12-month period.
  • For example, if you provided three days/24 hours on July 1, 2020, you would need to provide another three days/24 hours on July 1, 2021.
  • The employee must receive a minimum of 24 hours or three days (or equivalent to an established alternative workweek).
  • The employee must be provided the full amount of PSL.
  • The employer’s lump- sum policy must allow employees to use the leave for all of the same purposes and conditions specified under the law. ​
HEALTHCARE PROVIDER DOCUMENTATION
The law is silent on the topic of whether and employer may require the employee to provide a doctor’s note of the need for PSL. The law simply states that the employee must provide reasonable advance notification. The labor commissioner has stated that denying leave because an employee failed to provide a doctor’s note or other details about the leave may lead to a claim against the employer for violation of the law. As a best practice, unless the doctor’s note is required pursuant to another leave law, there is no provision allowing an employer to require it for PSL.

PAYING THE PSL BENEFITS
Employers must pay employees no later than the payday for the next regular payroll period after the sick leave was taken. Non-exempt employees, need to be paid their regular rate of pay for the amount of time taken as PSL. For example, if an employee took two hours of PSL to attend a doctor’s appointment, they will be paid for those two hours at the same non-overtime hourly rate they would have earned if they had been working.