Employees in California have a legal right to receive paid sick leave. According to the California Department of Industrial Relations, “Paid Sick Leave (PSL) is a permanent law in California that requires employers to provide paid time off to workers for treatment, diagnosis or preventative care for themselves, a family member or a designated person.” Starting January 1, 2024, employers must provide workers with at least 40 hours or five days of paid sick leave every year. This article will provide key details related to paid sick leave in California so that workers can better understand their rights.
Who Can Take Paid Sick Leave in California?
Most employees are entitled to paid sick leave in California. This includes all full-time, part-time, and temporary workers that meet certain criteria. First, they must work for the same employer for at least 30 days within a year in California. Second, they must also complete a 90-day employment period prior to taking any paid sick leave. Certain workers within the state may be exempt from paid sick leave laws. This may include workers in a union who have different arrangements. It may also include in-home supportive services providers. Employees in the public sector may be covered through different policies.
How Paid Sick Leave Accrues Within California
There are a number of stipulations with respect to how paid sick leave can accrue for workers.
- Employees must receive at least one hour of paid sick leave for every 30 hours of work that they perform.
- Employers also have the option to offer a lump sum of paid sick leave to their employees equal to 40 hours per year.
- Paid sick leave can accrue in California, but employers are also able to set a cap on the amount of paid sick leave that accrues over time.
Employers are allowed to offer more generous paid sick leave amounts than those that would be required under state law.
How Employees Are Allowed to Use Paid Sick Leave in California
Employees are permitted to use their paid sick leave for a variety of different purposes. Consider, for example, some of the common uses below.
- Personal injuries, illnesses
- Caring for sick family members
- Seeking a medical diagnosis
- Seeking preventative care or treatments
- Dealing with domestic violence
Employees should notify their employers in advance when sick leave is predictable. When leave is the result of an unexpected illness, an employee should notify their employer as soon as they can.
Legal Consequences for Paid Sick Leave Violations
Employers have a legal obligation to comply with all California labor laws, including those that require paid sick leave. Some employers try to circumvent these laws through various measures. For example, they may try to miscategorize employees as “independent contractors.” There are legal consequences for employers that violate paid sick leave policies.
- Employers may need to pay workers back pay for sick leave that was unlawfully withheld from them.
- Employers may be forced to pay civil penalties.
- Employers may also be required to pay penalties for record-keeping violations.
When an employee has paid sick leave withheld, they can file a complaint with the California Labor Commissioner. Affected workers may be entitled to payments, penalties, and punitive damages in certain cases.
Getting Legal Help For Paid Sick Leave Violations
The vast majority of workers will be affected by some type of injury or illness throughout the course of their career. Employers in California must provide their workers with paid sick leave, though there are certain exceptions. When an employer fails to follow the law, they may be required to pay affected workers damages.
Have you been unlawfully denied paid sick leave while working in California? You may have legal recourse. The employment lawyers at The Labor Champ are here to help you. We are committed to fighting on behalf of workers and holding employers accountable for their illegal conduct. Whether you have legal questions or would like a risk-free consultation about your specific situation, we are here for you. You can contact us anytime at 949-727-9300.
