Whats the Minimum Hours to Require Sick Pay California

Updated February 8, 2022

Sick leave in California – Are employers required to give information technology?

California ill leave laws grant employees at least 1 hour of ill leave for every 30 hours worked. Employers are permitted to cap annual ill leave accrual at 24 hours or 3 days (whichever is greater).

Bold Senate Bill 144 gets passed, companies with more than than 26 employees must grant workers up to two workweeks/80 hours of COVID-19 supplemental paid sick leave to either:

Recover from COVID-19;
Seek a medical diagnosis from a wellness intendance provider afterwards experiencing COVID-19 symptoms;
Self-quarantine upon medical advice or because of a state or local order;
Care for a family member with COVID-nineteen or who is self-quarantining;
Care for a kid whose school or daycare is closed for COVID-19 reasons; and/or
Get vaccinated for COVID-xix.

California employers cannot deny a covered employee'southward right to use ill time or retaliate against an employee for using it. An employee may be able to file a lawsuit confronting the employer for California labor law violations.

Beneath, our California employment and labor lawyers hash out the following frequently asked questions (faqs):

If you accept further questions subsequently reading this article, we invite y'all to contact us at Shouse Police Group. Too see our overview commodity on workplace go out laws in California.

Man blowing nose in front of a laptop, who should be entitled to paid sick leave in California

Most employees are eligible to go paid time off while unwell.

1. Who is eligible for paid sick leave in California?

Under California state police, most exempt and non-exempt employees with xxx or more days of employment in a calendar year accept eligibility for paid ill leave (PSL).ⁱ

PSL is available for full-time workers, function-time workers, and temporary employees. There are some restrictions for certain employees who practise not fall under the California laws for regular employees, including:

Federal employees and some state and metropolis employees,
Workers with a commonage bargaining agreement,
In-home supportive service providers, and
Some employees of air carriers.^two

ii. How much paid sick leave can I take?

At a minimum, California law requires that full-time employees get 24 hours (or 3 days) of paid sick get out time per 12-month period. Employees earn a minimum of one hour of paid sick leave for every thirty hours worked.

Through September 30, 2021, California Senate Bill 95 requires companies with 26 or more workers to provide at least 80 hours of paid ill leave to full-time employees who need time off work for coronavirus-related reasons. These 80 hours are in addition to regular paid sick get out policies. And employers cannot strength employees to utilize their regular PSL instead of their SB 95 supplemental paid sick leave.³

Note that sure California cities take sick leave ordinances that provide greater PSL benefits than land law requires, including:

Berkeley: 48 hours PSL a year for employers with fewer than 25 employees; 72 hours PSL a yr for employers with 25 or more employees.
Emeryville: 48 hours PSL a year for employers with 55 or fewer employees; 72 hours PSL a twelvemonth for employers with more than 55 employees.
Los Angeles: 48 hours (six days) PSL a year.
Oakland: 40 hours PSL a twelvemonth for employers with fewer than 10 employees; 72 hours PSL a yr for employers with 10 or more employees.
San Diego: xl hours PSL a year.
San Francisco: 48 hours PSL a year for employers with fewer than 10 employees; 72 hours PSL a year for employers with x or more than employees.
Santa Monica: forty hours PSL a twelvemonth for employers with fewer than 25 employees; 72 hours PSL a year for employers with 25 or more employees. ⁴

2.ane. How many sick days do you become role-time in California?

Like total-time workers, office-time workers accumulate at least one hour of paid sick leave for every hour worked.

Meanwhile, part-time employees with a regular weekly schedule are entitled to COVID-nineteen supplemental paid leave equal to the number of hours they work in 2 weeks. And part-fourth dimension employees with changeable schedules are entitled to COVID-19 supplemental paid leave equal to seven times the average number of hours they worked per day over the past vi months.^five

2.2. Is there a waiting period for sick leave in California?

California law requires companies to allow their employees to take PSL no subsequently than their 90th twenty-four hour period of work. PSL can besides behave over to the next year if an employee does non apply their fourth dimension.

But employers tin cap the total accrued paid sick get out at 48 hours (or 6 days). And employers can require that employees take no more than 24 hours (or 3 days) of PSL per twelvemonth.⁶

Annotation that employees can take SB 95 supplemental PSL for qualifying COVID reasons right away.⁷

2.3. How much do I get paid while out on paid sick leave?

Employees on paid sick exit in California receive their regular rate of pay.⁸

Meanwhile, the wages that employees receive while away on COVID-19 supplemental paid sick leave depends on their condition. Exempt employees receive their regular rate of pay. Meanwhile, non-exempt employees receive the highest of either:

their regular rate of pay;
their average pay over the past xc days; or
state or local minimum wage.

And the total non-exempt employees receive cannot exceed $511 per day and $5,110 in total.

Annotation that active firefighters could receive more than hours of COVID-nineteen supplemental paid sick leave. Just their pay is likewise capped at $511 per day and $5,110 full.⁹

2.4. Can my employer provide different rules?

An employer's paid ill go out requirements and policies must match California's minimum requirements or provide a more generous amount of leave. Many employers elect to "forepart load" PSL so employee do non take to earn sick leave earlier taking it.^x

Notation that old plans are grandfathered in if the employer had a paid time off (PTO) plan that employees could use for PSL if that plan provided at least as many paid sick days as required past current police force.^eleven

two.5. What happens when my paid sick exit runs out?

California companies do not have to pay employees who however need fourth dimension off from work or telework after their PSL has run out. But employees who accept unpaid sick leave may still be protected from losing their chore under California and federal leave laws like CFRA and FMLA.

Leave laws provide job protection for an eligible employee who takes time off to care for a family member, because of an affliction, or other covered get out reasons. This means that an employee tin render to the aforementioned or a substantially similar job when returning from leave. An employer cannot burn down, threaten, or retaliate against an employee.¹²

two.6. Do I get paid for unused PSL if I quit or get fired?

Employers do not accept to pay parting or terminated employees for unused PSL as they do for unused vacation fourth dimension.

Sick employee at home on phone in front of laptop

Employees in California earn a minimum of ane hour of paid sick get out for every 30 hours worked.

3. What qualifies as sick go out in California?

Employees in California may accept paid sick leave to intendance not merely for themselves just also for a:

Child, stepchild, foster child, or adopted child;
Spouse or registered domestic partner;
Parent;
Sibling;
Grandchild; or
Grandparent.

Employees may too employ PSL to treat themselves or a family fellow member in seeking a diagnosis, intendance, or treatment of an existing health condition, or for preventive intendance.

In addition, an employee who is a victim of domestic violence, sexual assail, or stalking can use PSL to seek either:

Relief for the employee or his or her child, including a restraining order;
Medical attention for related injuries;
Services from a domestic violence shelter or rape crisis center;
Psychological counseling; or
Safety planning confronting future domestic violence, sexual attack, or stalking.¹³

iii.i. Do I have to have COVID-xix to take SB 95 supplemental paid sick leave?

No. Other qualifying reasons to take COVID-19 supplemental PSL include:

Healing from and seeking health intendance for coronavirus;
Getting an FDA-canonical coronavirus vaccine;
Caring for a family member is quarantining or who is sick with coronavirus;
Seeking a diagnosis after having coronavirus symptoms;
Self-quarantining post-obit a authorities order or a physician's advice; and/or
Caring for a child whose daycare or school has closed due to the coronavirus.¹⁴

4. Tin can employers deny ill get out?

No. The California Labor Code states:

An employer shall not deny an employee the right to utilize accrued sick days, discharge, threaten to discharge, bench, suspend, or in any manner discriminate against an employee for using accrued ill days, attempting to practise the right to use accrued sick days, filing a complaint with the department or alleging a violation of this article, cooperating in an investigation or prosecution of an alleged violation of this article, or opposing any policy or exercise or act that is prohibited by this commodity. ¹⁵

An employer as well cannot require the employee to find a replacement as a condition to take PSL.^xvi

5. Can I sue my employer?

Employees can file a civil lawsuit if their employer fails to provide the required PSL time, fails to pay employees during their accrued PSL, or otherwise violates sick leave policies.

Employers may too non retaliate against employees for taking valid exit, cooperating in a labor violation investigation, or complaining about labor violations. Retaliation can manifest as:

Demotion,
Threatening to burn down the employee,
Threatening to study immigration violations,
Reducing pay, and/or
Terminating an employee.

If an employer retaliated against yous based on PSL or protected exit, talk to a California labor and employment lawyer about your case and how to get the money yous are owed.

Many California employment lawyers represent workers on a contingency basis. This means the lawyer will not get paid until you do. Labor law violations may also require the employer to pay for the employee's legal costs and fees.

5.1. What are the damages if my employer fired me?

An employee can seek money damages and equitable relief, including reinstatement. Amercement in a labor law case may include:

Back pay;
Payment for withheld sick days;
Administrative penalties;
Three times the liquidated damages for wrongfully withheld sick days (upward to a maximum of $iv,000);
Interest on back pay; and
Reasonable attorney's fees and costs.¹⁷

If there are multiple employees existence underpaid or retaliated against, they may exist able to bring a class activity lawsuit against the employer.

receptionist smiling with headset on

Call our constabulary firm for a complimentary case evaluation.

For questions or to discuss your case confidentially with one of our skilled California labor and employment attorneys, exercise not hesitate to contact us at Shouse Law Grouping.

We have local employment police offices in and effectually Los Angeles, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

See also the California Department of Industrial Relations (DIR)'southward fact-sheet on COVID-19 Supplemental Paid Sick Leave for Food Sector Workers.

Legal References:

alexanderbrestiong79.blogspot.com

Source: https://www.shouselaw.com/ca/labor/leave-laws/sick-leave/#:~:text=At%20a%20minimum%2C%20California%20law,for%20every%2030%20hours%20worked.