California is one of the leading states in protecting workers’ rights, and its paid sick leave laws are no exception. These sick pay laws ensure employees have the time and support to manage their or their family’s health needs without losing income or job security.
Understanding these laws and regulations can help employees advocate for their rights and ensure employers follow through on their responsibilities. We’ll look at California’s sick leave laws, including everything from how to accrue and use sick leave to what might count as a violation and even what legal options are available if problems arise while utilizing your sick time.
What Are California’s Paid Sick Leave Laws?
Legislators passed California paid sick leave laws to safeguard employees’ health and financial stability. California offers sick time to most full-time, part-time, and temporary employees.
In 2015, California passed the Healthy Workplaces, Healthy Families Act. This act’s primary goal is to allow employees to accrue and access sick time — they can take paid leave for personal illness or to care for sick family members.
California laws differ significantly from federal guidelines, which do not offer the same robust rights to sick pay that California does. Under California guidelines, anyone who has worked for the same employer for at least 30 days within a year and has completed a 90-day employment period is eligible for sick pay.
Accrual and Use of Paid Sick Leave in California
According to the Health Workplaces, Healthy Families Act, employees can take sick time off as early as their first day of employment. Specifically, they start accruing an hour of sick time within their first 30 working hours. As of January 1st, 2024, employers must offer 40 hours or five full days of sick time per year. Before the January 1st changes, employers could cap employees at 24 sick hours or 3 days per year.
Employers must allow unused sick leave to carry over to the next year, although they can cap the amount employees can accrue at 80 hours or 10 days.
How Employees Can Use Paid Sick Leave
Employers can allow employees to use their paid sick leave for a variety of medical purposes, including:
- Personal illness or injury;
- Caring for a family member who is sick or injured;
- Attending medical appointments and addressing preventative care.
Employers may have specific guidelines regarding how and when employees request sick leave. Generally speaking, employees must notify their employer of their need for leave as soon as possible.
It’s worth noting that employers cannot impose limits, such as limiting your use of accrued sick time to only specific medical conditions, on the reasons for taking sick leave, provided they fall within the law’s allowed categories. Employers may also not ask for proof, reasoning, or validation as to the reason for a sick day or medical visit except under exceptional circumstances such as extended sick leave (more than three consecutive days) if there is a clear pattern of abuse of sick time by the employee, or during a public health crisis.
Employer Responsibilities for Paid Sick Leave
Employers in California are obligated to:
- Provide written notice to employees outlining their sick leave rights.
- Maintain accurate records of employees’ accrued and used sick leave.
- Display information about California’s paid sick leave laws in the workplace.
- Provide sick leave at a minimum of 1 hour per 30 hours worked, resulting in a minimum of 40 hours or 5 days per year.
While legal standards take time to change, employers must stay informed of any updates to California paid sick leave laws to avoid disputes.
Common Violations of California Paid Sick Leave Laws
While California’s paid sick leave laws are clear, violations can still occur. Some common issues include:
- Refusing to grant paid sick leave for eligible reasons;
- Retaliating against employees for taking sick leave;
- Failing to inform employees about their sick leave rights or provide required documentation.
If employers violate the paid sick leave laws in any way, they will face fines, legal penalties, and damage to their relationships with employees. For example, they may have to pay back wages or provide compensation for retaliation. Therefore, employers must adhere to the law and foster a compliant work environment.
What to Do If Your Paid Sick Leave Rights Are Violated
You aren’t powerless if you believe your employer has violated your right to paid sick leave. You can seek legal resolution. Start by documenting the violation and gathering relevant information, such as your sick leave balance, pay stubs, and communication with your employer.
How to File a Complaint
You can follow these steps to file a complaint:
- Prepare Your Documentation: Collect records showing your accrued and unused sick leave.
- File with the California Labor Commissioner: You can submit a complaint online or in person as long as you explain the details of the violation.
- Follow-up: Stay informed about the status of your complaint and provide additional information if requested.
By preparing documentation, filing with the commissioner, and following up on your complaint, you can ensure that your legal options are considered and your rights to sick time are respected.
Legal Options for Employees
Employees have other legal options if filing a complaint doesn’t resolve the issue. They can seek back pay, reinstatement, or damages through a civil lawsuit. In cases where employees experience retaliation, consulting with a legal professional can help them understand additional protections under the law.
Statewide vs. Local Paid Sick Leave Laws
While California’s paid sick leave laws provide a baseline for employee rights, some cities have enacted additional protections. For example:
- Los Angeles: The city allows employees to take up to six days of paid sick leave annually.
- San Francisco: The city has specific provisions for sick leave carryover. For example, San Francisco companies with more than ten employees can accumulate up to nine days of sick time a year.
- San Diego: The city sets minimum paid sick leave standards that go beyond state law. San Diego requires carryover of unused sick leave from year to year, with a cap of 80 hours on accrual, which exceeds the state’s baseline requirements.
These local ordinances may provide more benefits, so it’s important to check specific rules that may apply based on your location.
Although California’s paid sick leave laws primarily protect employees, employers benefit, too. Employees are more likely to take their health seriously with protections in place. As a result, they’ll feel less inclined to work while sick, which can boost their productivity.
Still, some employers may fail to see this connection. If you suspect your employer is one of those who fail to see the benefits of paid sick days and violate your rights to them in California, don’t hesitate to speak up. Contact Request Legal Help today, and our lawyers will analyze your case. Doing so can protect your job security, health, and well-being.
FAQs About California Paid Sick Leave Laws
How Does Paid Sick Leave Accrual Work in California?
Paid sick leave accrues at 1 hour for every 30 hours worked, with employers allowed to cap the accrual at 40 hours or 5 days.
Can I Use Paid Sick Leave for Family Members?
You can use paid sick leave to care for immediate family members, including children, spouses, and registered domestic partners.
What If My Employer Denies My Sick Leave Request?
If your employer denies your sick leave request, you can file a complaint with the California Labor Commissioner, as denial of valid sick leave is illegal.
Is There a Difference in State vs City Sick Time Laws?
Yes. Check your city’s ordinances to learn your specific sick leave rights.
How Do I File a Complaint if My Employer Denies Sick Time?
Prepare your documentation, file with the California Labor Commissioner, and follow up regularly on your complaint.
Are Employers Required to Pay Out Unused Sick Leave?
Employers are not required to pay out unused sick leave when an employee leaves unless rehired within a year, in which case leave is reinstated.
Can Employers Require a Doctor’s Note for Sick Leave?
Employers may request reasonable documentation if the leave time becomes extreme or if they believe the employee isn’t transparent.
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
