California’s paid sick leave law, Assembly Bill 1522, entitles employees to accrue and use paid sick leave for specific reasons related to their own health or the health of a family member. This law applies to all employers in California with 25 or more employees. Employers are required to provide paid sick leave to their employees in accordance with the law. This fact sheet provides information on the California paid sick leave law and includes a sample sick leave policy template that employers can use.
The California paid sick leave law requires employers to provide employees with up to 24 hours of paid sick leave per year. Employees can use this leave for the following reasons: Their own illness, injury, or medical condition; The illness, injury, or medical condition of a family member; To care for a child whose school or childcare provider is closed due to a public health emergency; To attend a medical appointment for their own health or the health of a family member; To seek assistance for domestic violence, sexual assault, or stalking.
Employee Rights Under California Paid Sick Leave Law
Accrual of Paid Sick Leave
Employees accrue one hour of paid sick leave for every 30 hours worked, up to a maximum of 24 hours per year. Employers must begin tracking employee sick leave accrual on January 1, 2023, or the date an employee is hired, whichever is later.
Use of Paid Sick Leave
Employees can use paid sick leave for the following reasons: Their own illness, injury, or medical condition; The illness, injury, or medical condition of a family member; To care for a child whose school or childcare provider is closed due to a public health emergency; To attend a medical appointment for their own health or the health of a family member; To seek assistance for domestic violence, sexual assault, or stalking.
Pay Rate During Paid Sick Leave
Employees must be paid their regular rate of pay, including overtime and other forms of premium pay, for paid sick leave taken. Employers cannot reduce an employee’s pay rate or benefits for using paid sick leave.
Retaliation Prohibited
Employers are prohibited from retaliating against an employee for using paid sick leave. Retaliation can include firing an employee, demoting an employee, or reducing an employee’s pay or benefits.
Employer Responsibilities Under California Paid Sick Leave Law
Notice to Employees
Employers must provide employees with written notice of their rights and responsibilities under the paid sick leave law. This notice must be provided to employees in a language they understand. Employers must also post a notice about the paid sick leave law in a conspicuous place at the workplace.
Recordkeeping
Employers must keep records of employee sick leave accrual and use for at least three years. These records must be maintained in a manner that allows the Labor Commissioner to inspect them.
Dispute Resolution
If an employee believes that their employer has violated the paid sick leave law, they can file a complaint with the Labor Commissioner. The Labor Commissioner will investigate the complaint and may take enforcement action against the employer.
FAQs on California Sick Leave Policy Template
1. Who is eligible for paid sick leave under California law?
All employees who work for a California employer with 25 or more employees are eligible for paid sick leave.
2. How much paid sick leave do employees accrue?
Employees accrue one hour of paid sick leave for every 30 hours worked, up to a maximum of 24 hours per year.
3. What can employees use paid sick leave for?
Employees can use paid sick leave for the following reasons: Their own illness, injury, or medical condition; The illness, injury, or medical condition of a family member; To care for a child whose school or childcare provider is closed due to a public health emergency; To attend a medical appointment for their own health or the health of a family member; To seek assistance for domestic violence, sexual assault, or stalking.
4. What is the pay rate for paid sick leave?
Employees must be paid their regular rate of pay, including overtime and other forms of premium pay, for paid sick leave taken.
5. Can employers retaliate against employees for using paid sick leave?
No, employers are prohibited from retaliating against employees for using paid sick leave. Retaliation can include firing an employee, demoting an employee, or reducing an employee’s pay or benefits.
