FAQ California Law Paid Sick Leave Eligibility

To qualify for sick leave, an employee must:

• Work for the same employer, on or after January 1, 2015, for at least 30 days within a year in California, and
• Satisfy a 90-day employment period (similar to a probationary period) before taking any sick leave

If you work less than 30 calendar days within a year for the same employer in California, then you are not entitled to paid sick leave under this new law.

The 90 calendar day period works like a probationary period. If you work less than 90 days for your employer, you are not entitled to take paid sick leave.

A qualifying employee begins to accrue paid sick leave beginning on July 1, 2015, or if hired after that date on the first day of employment. An employee is entitled to use (take) paid sick leave beginning on the 90th day of employment.

All employees who work at least 30 days for the same employer within a year in California, including part-time, per diem, and temporary employees, are covered by this new law with some specific exceptions. Employees exempt from the paid sick leave law include:

• Providers of publicly-funded In-Home Supportive Services (IHSS) – but only until July 1, 2018
• Employees covered by collective bargaining agreements with specified provisions
• Individuals employed by an air carrier as a flight deck or cabin crew member, if they receive compensated time off at least equivalent to the requirements of the new law
• Retired annuitants working for governmental entities.
  
  

Employees of a staffing agency are covered by the new law. Therefore, whoever is the employer or joint employer is required to provide paid sick leave to qualifying employees.