What is the New Law for Sick Leave in California?
By Corey Hanrahan
What is the new law for sick leave in California? California law used to allow an employer to limit an employee’s use of sick leave to 24 hours per year. This only represented three days of sick leave, which as we all know, sicknesses often last more than three days. Fortunately for California employees, starting back on January 1, 2024, the number increased from 24 hour to 40 hours per year.
“…Fortunately for California employees, starting back on January 1, 2024, the number [of hours of paid sick leave that employees are entitled to] increased from 24 hour to 40 hours per year…..“
So, What is the Law Now?
Now, employers must provide employees with at least 40 hours (which equals five workdays) of paid sick leave each year. There are rules on the accrual of the paid sick leave, though, and you aren’t necessarily guaranteed to accrue and accumulate those hours all at once.
The New Accrual Rules
In order to be entitled to these 40 hours of sick leave, you must meet certain qualifications. This includes having worked for the same employer in California for at least 30 days within a year, and completion of a 90-day employment period before you’re allowed to take any paid sick leave. When it comes to accrual, employers are allowed to choose to have a policy that provides the employees with all of the hours at once or have them accrue based on the number of hours that an employee works. If the employer chooses the accrual policy, it must provide that employees accrue at least one hour of paid sick leave for each 30 hours worked by the employee.
What Can You Use Paid Sick Leave For?
Employees can use paid sick leave for several different reasons, including:
- Seeking a medical diagnosis, treatment or preventative care for yourself.
- Recovering from an illness or injury, either mental or physical.
- Caring for a family member who is ill or requires a medical diagnosis, treatment or preventative care.
Have Your Paid Sick Leave Rights Been Violated?
Employers cannot retaliate against you for using your legally entitled paid sick leave. If you are being retaliated against, or if you were terminated for using paid sick leave, you may have a claim against your company. Here at The Hanrahan Firm, we have years of experience representing employees that have been retaliated against for exercising their rights at work. We always offer free consultations. Do not hesitate to reach out to us if you are experiencing issues at work involving your paid sick leave rights.