Prior to January 1, 2015, employers were not required to offer employees paid sick leave in California. However, with the passage of the Healthy Families Act of 2014, an employee is now entitled to paid sick leave. Beginning on July 1, 2015, an employee who works for an employer for 30 days or more within a calendar year from the beginning of employment is entitled to paid sick leave.
Despite the law covering most employees in California, there are employees exempt to the law, including, the following: employees subject to a qualified collective bargaining agreement; employees employed by certain air carriers; and employees employed by in-home support service providers.
How To Earn Paid Sick Leave
An employee is entitled to use accrued paid sick days beginning on his or her 90th day of employment. Subsequent to an employee’s 90th day of employment, an employee may use paid sick days as they are accrued. Employees accrue one hour of paid sick leave for every 30 hours worked. Once paid sick leave is accrued, it is carried over to the following year, but employers may place a maximum accrual amount for each employee of 48 hours or 6 days of paid sick leave.
Allowable Reasons To Take Sick Leave
After oral or written request made by an employee, an employer is required to provide paid sick leave for the following reasons: (1) treatment and/or care of an existing health condition for an employee or an employee’s family member; and (2) an employee who is the victim of domestic violence, sexual assault, or stalking. The definition of “family member” includes a spouse, domestic partner, parent, child, parent-in-law, grandparent, grandchild, and sibling.
Notice Requirement To Employees
An employer is required to provide an employee with written notice that sets forth the amount of paid sick leave available on either the employee’s wage statement (paycheck stub) or in a separate writing that must be provided on the employee’s regular pay date.
If you feel that your employer has failed to provide sick leave in violation of California law, you should immediately contact a qualified employment law lawyer to discuss the potential violation. The Law Offices of Jual F. Reyes employs experienced employment law lawyers to walk you through California employment laws and ensure that your rights are being protected. Contact the firm today for your free consultation at (877) 242-4410.
The Law Offices of Jual F. Reyes is capable of communicating in both English and Spanish.