California Sick Leave Law
California employment laws are weighted heavily in favor of employees. It was one of the first states in the USA to offer paid sick leave. All companies, no matter their size, have to abide by the Healthy Workplace, Healthy Family Act of 2014.
What is Covered Under California’s Paid Sick Leave Law
Under California’s paid sick leave law, all employees can use sick leave for their and their family’s health conditions. This includes preventive treatment.
Family members can be broadly interpreted as:
- Domestic partner
- Spouse
- Child
- Parent
- Sibling
- Parent-in-laws
- Grandchild
- Grandparent
If an employee is a victim of violence, sexual assault, domestic violence, or stalking, they can also use sick leave.
Who is Eligible for Paid Sick Leave in California?
Most employees who have over 29 days of employment within their first year of employment are eligible for paid sick leave. This applies whether or not they are non-exempt and exempt. If an employee is on leave while ill or caring for a family member, they can accrue additional paid sick leave hours.
Regardless if the employee is temporary, part-time, or full-time, they are eligible for paid sick leave. The following workers are not eligible for paid sick leave:
- In-home supportive service providers
- Workers who have a collective bargaining agreement
- Some air carrier employees
How Much Paid Sick Leave Can I Take?
California laws require a minimum standard of paid sick leave; however, some employers may provide more generous conditions. Discuss the paid sick leave policy with the HR department. Some cities in California also have additional laws which provide additional benefits.
How Much Paid Sick Leave Does an Employee Get Each Year?
California law requires employers to give full-time employees three days or 24 hours of paid sick leave in every 12 month period. Employees accrue at least one hour of sick leave per every 30 hours they work.
An employee can use their accrued paid sick leave from their 90th day of employment.
Paid sick leave can roll over to the next year if they have not used their accrued leave. Employers may cap the total amount of sick leave at 6 days or 48 hours.
Can an Employer Apply Additional Rules?
An employer can impose additional rules if they do not reduce the California law minimum standards for paid sick leave. For example, an employer’s policy could state that the employee can accrue two hours for every 40 hours worked. As long the policy does not accrue less than an hour for every 30 hours worked.
If the employer already had a paid time off plan that could be used for sick leave, then it is called grandfathered. It must match or exceed the standard required by California law.
What Does an Employee Do If Sick Leave Runs Out
If an employee still needs sick leave but has used all of their accrued sick leave, then the employee is not entitled to pay for their time off. That is at the discretion of the employer. However, the employee’s job may still be protected by law.
Some reasons for taking leave are protected by law. These reasons include illness and taking care of a family member, among other things. When the employee returns, they must return to the same job, or one substantially similar. Employers are prohibited from retaliating, threatening, or firing employees under protected leave laws.
Can an Employee Take Time Off If a Child Is Sick?
Employees can use paid sick leave to care for family members. This includes caring for:
- Registered domestic partner
- Spouse
- Child
- Adopted child
- Stepchild
- Foster child
- Sibling
- Grandparent
- Grandchild
This includes caring for family members while undergoing preventive care, seeking a diagnosis, or treatment of an existing health condition.
What Other Reasons Can an Employee Use Paid Sick Leave
Under California law, employees can use paid sick leave for reasons other than illness. Employees can use paid sick leave if they are victims of stalking, domestic violence, or sexual assault. They can use the paid sick leave for:
- Filing a restraining order
- Domestic violence or rape crisis services including shelters
- Medical attention for injuries related to the crime
- Psychological counseling
- Safety planning against future incidents
Can An Employer Require an Employee to Work When the Employee is Unwell?
An employer is not to deny an employee their right to use accrued paid sick leave. Any retaliation is against the law. It is also against the law for an employer to ask their employee to find a replacement to cover their paid sick leave.
Can an Employee Sue the Employer For Reasons Relating to Paid Sick Leave?
If an employer violates California labor laws, you can file a civil lawsuit. If your employer provides less than the minimum requirements of leave, fails to provide paid sick leave, or does not pay an employee for paid sick leave, you can sue them.
You can also sue an employer for retaliating against you for taking paid sick leave, filing a complaint, or cooperating in an investigation about labor law violations. Retaliation is defined as:
- Reducing pay
- Demotion
- Threatening termination
- Threatening to report immigration violations
- Firing an employee
If you feel your employer has retaliated against you for exercising your rights to paid sick leave, then contact an employment lawyer. California labor lawyers tend to work on a contingency basis. This means you will not pay their fees until you win.
What Damages Can an Employee Claim If an Employer Fired the Employee in Retaliation?
You can seek financial damages and depending on the situation, even reinstatement. Monetary damages may include:
- Payment for the withheld sick days
- 3 x liquidated damages per each withheld sick day, capped at $4,000
- Backpay
- Interest on backpay
- Administrative penalties
- Attorney’s fees within reason