Employees in California have some of the most robust rights in the country. One of those is the right to accumulate paid sick leave. Employers must allow all employees to use at least 40 hours, or five days, of sick leave per year.
This paid sick leave can be provided up-front each year or through an accrual program, based on the employer’s wishes. Employees earn one hour of paid sick leave for every 30 hours they work under the accrual method. If the employer uses an accrual program, unused time off carries over up to a specific cap of up to 80 hours, that’s set by the employer.
Who qualifies for paid sick leave in California?
Any employee who has worked at least 30 days within a year for the same employer qualifies for paid sick leave. There’s a 90-day employment period required before the employer is required to allow the employee to take paid sick leave time. This includes those who work full-time, but also those who are per diem, part-time or temporary. Even in-home service providers must be given this leave.
When can sick leave be taken?
In California, sick leave doesn’t have to be taken by the full day. Employees can take only the time they need. They can use this for themselves or a qualified family member. Which includes a domestic partner, spouse, child, parent, sibling, grandparent or grandchild. Other individuals may also be designated as a qualified family member.
The leave can be taken for any aspect of medical care, including preventative care, diagnosis, testing or treatment. Employers can’t require a doctor’s note as a condition of approving the leave, and retaliation for using paid sick leave is forbidden.
Employees sometimes have to fight to receive the protections and benefits they should get. Any employee who isn’t being given the paid sick leave they should receive may decide to take legal action. Seeking assistance from someone familiar with these matters is critical.