California workers have rights that aren’t present under federal law or in other states. One of these is that employees can accrue paid sick leave. All employees are due five days or 40 hours of sick leave at a minimum each year.
It applies to almost all workers, including those who are per-diem, part-time, full-time and in-home supportive services. Employees must have at least 30 days of employment in California for the same employer within the year and have a 90-day probationary period prior to taking the leave.
Sick leave in California accrues at a rate of one hour for every 30 hours worked. This time can be used for a host of reasons, including the employee’s illness, preventative care or mental health needs. It can also be used for taking care of family members. Absences related to domestic violence, stalking and sexual assault are also covered.
How do employers provide sick leave?
Employers have two options for how they handle the accrual of sick leave. One of these is to front-load the time at the start of the year. The other is to allow it to accrue throughout the year. If that’s the case, the worker must have at least 24 hours available by the 120th day of the year and the full 40 hours by the 200th day.
Time the employee doesn’t use can be carried over annually. Unless the employer is using the front-loading method, the employer can cap the accrual at 80 hours total.
Employees can request paid sick leave using oral or written methods and can’t be expected to find a replacement in order to take the leave. Employers are forbidden from retaliating against the employee for using this leave. If any employee is denied their rightful paid sick leave or retaliated against, they may opt to pursue legal action.