It’s unrealistic to think that every employee can work every shift without fail throughout their term of employment. There are many reasons why employees may need to take time off work, one of which is that they’re sick.
California has some of the most progressive and protective laws for employees. Many of these go above and beyond what federal law requires. One area that’s covered in this state is a requirement for employers to provide mandatory sick pay for employees.
As of January 1, 2024, employers in California must provide at least 40 hours of paid sick leave to employees. It’s possible that some workers will qualify for additional paid sick leave.
How is required leave calculated?
Employers have to provide 40 hours or five days of sick leave, whichever equates to more paid time off. This means that workers who work more than 40 hours per week will have more paid time off. For example, if a worker puts in 50 hours a week, they would have at least that amount in sick leave per year.
When is sick leave required?
Employers must provide sick leave to all employees who work at least 30 days in a year. This includes all employees, including those who work per-diem, part-time or in temporary positions. Employers can require employees to have a minimum 90-day probationary period before they’re allowed to use the provided sick leave.
How is sick leave provided?
Sick leave can be provided up-front or through accrual. In the up-front option, the employer provides all sick leave required for the year to the employee at once. In the accrual method, employees are provided with the sick leave as they accrue it, typically at a rate of one hour of sick leave per 30 hours of work. Time limits apply to when the sick leave can be added to the employee’s availability.
Employees who aren’t provided the sick leave they’re due may opt to take legal action. This can be complex, so they may require the assistance of someone familiar with these matters.