California has long been known to have strong protections for employees, and it was one of the first states in the US to require employers to provide paid sick leave. California’s paid sick leave law is known as the Healthy Workplace, Healthy Family Act of 2014, often referred to as the Healthy Families Act, and applies to all employers in the state. It is important for both employers and employees to understand what this law covers. Read on to learn more and if you have any questions, speak with a knowledgeable Orange County employment lawyer.
Overview of the Law
The California Paid Sick Leave Law, also known as Labor Code Section 246, mandates that employers provide paid sick leave to employees who work in California for the same employer for 30 or more days within a year from the commencement of employment. This law is designed to ensure that employees have a minimum amount of paid sick leave to care for their own health or that of their family members. By requiring employers to provide paid sick leave, the law aims to promote a healthier workforce and reduce the spread of illness in the workplace.
What Is Covered Under the Paid Sick Leave Law?
Under California’s sick leave laws, employees can take sick leave for their own health condition or the health condition of a family member. This leave includes preventative care. For the purposes of this law, a “family member” is defined as a:
- spouse
- domestic partner
- child
- parent
- grandparent
- parent-in-law
- grandchild
- sibling
Employees are also allowed to use sick leave if they are the victim of domestic violence, sexual assault, or stalking.
Nearly every employee in the state is eligible to receive paid sick leave, provided they work at least 30 days in a year. Employees will accrue sick leave after they have worked for an employer for 90 days. An employee will accrue one hour of sick leave for every 30 hours they work, and sick leave must carry over from year to year (however, employers can place a cap of 48 accrued hours on sick leave). Employers can align the measurement period with the employee’s anniversary date, allowing flexibility in tracking leave and accrual based on individual employment milestones.
Employers are not required to pay out accrued sick leave to an employee in the event the employee is terminated or quits. However, if the employee is rehired within one year of termination, their accrued sick leave must be reinstated.
Under the law, an employer can restrict a worker’s use of sick leave to 24 hours (three days) per year. Employers are also allowed to require workers to take sick leave in at least two-hour increments.
Eligibility and Coverage
The California Paid Sick Leave Law applies broadly to all employers with employees working in California, with a few specific exceptions. Employees who are not covered by this law include those under qualifying collective bargaining agreements, In-Home Supportive Services providers, retired annuitants working for governmental entities, and certain employees of air carriers. For employees working under a collective bargaining agreement, the agreement must allow them to use any paid sick leave for the same reasons outlined in the act. This ensures that the majority of workers in California have access to paid sick leave, promoting overall public health and well-being.
Paid Sick Leave Details
Accrual and Frontloading
Employers have the flexibility to provide paid sick leave through either an accrual method or a frontloading method. Under the accrual method, employees earn at least one hour of paid sick leave for every 30 hours worked, starting from the commencement of employment. Alternatively, employers can use a different accrual method as long as it ensures that employees have no less than 24 hours of accrued sick leave or paid time off by the 120th calendar day of employment or each calendar year or in each 12-month period. The frontloading method allows employers to provide a lump sum of paid sick leave at the beginning of each year, ensuring that employees have immediate access to their sick leave.
Rate of Pay and Carryover
When it comes to paying for sick leave, employers must compensate nonexempt employees as if they were working. The law provides several options for determining the rate of pay, including the average daily rate of pay, average hourly rate of pay, or average weekly rate of pay. For exempt employees, employers must pay for sick leave in the same manner as other types of paid leave, such as vacation pay. Accrued paid sick days carry over to the following year of employment, but employers can limit the use of accrued paid sick days to 24 hours or three days per year. This ensures that employees can accumulate sick leave while also allowing employers to manage their obligations effectively.
How Has COVID-19 Changed California Paid Sick Leave?
Due to the coronavirus pandemic, Congress passed the Families First Coronavirus Response Act (FFCRA). Beginning April 1, 2020, employees of companies with less than 500 workers could be entitled to coronavirus-related paid sick leave as well as expanded family and medical leave. Under the law, the following is available:
- If the reason for leave is due to quarantine orders, self-quarantining, or COVID-19 testing, employees can receive up to two weeks of paid sick leave at 100% of their regular pay rate.
- If the reason for leave is due to caretaking for someone under a quarantine order or who is self-quarantining, employees could receive up to two weeks of paid sick leave at 2/3 of their regular pay rate.
- If the reason for leave is to take care of a child whose school is closed and childcare is unavailable due to COVID-19, an employee could receive up to 10 additional weeks of expanded family and medical leave at 2/3 of their regular pay rate.
Employers Must Abide by the Law
Employers must abide by paid sick leave laws in the state. They cannot deny an employee their right to use sick leave, and they cannot retaliate against an employee for using their sick leave. Employees could file a lawsuit against employers in California for sick leave violations.
It is important to understand that sick leave laws are different from California’s Family and Medical Leave laws that provide unpaid leave for employees. Workers who use all of their paid sick leave may have job protection under unpaid sick leave laws.
Ensure Your Paid Sick Leave Rights Are Protected with Callahan & Blaine
If you believe your employer has violated California’s paid sick leave laws, it’s essential to seek legal advice as soon as possible. At Callahan & Blaine, we’ve been protecting the rights of employees for over 40 years. Our skilled attorneys have helped workers across California hold employers accountable and secure the compensation they deserve for sick leave violations.
Navigating employment laws can be complicated, but with our experienced team by your side, you’ll have the support needed to fight for your rights. Don’t let your employer deny you the sick leave you’re entitled to. Contact us today at (714) 241-4444 or through our contact form to schedule a consultation with a senior attorney.
