Fortunately, at Pimentel Law, we can help you understand your rights so that you get the paid sick leave you are entitled to by law. California’s Healthy Workplaces, Healthy Families Act of 2014 requires employers to provide a set amount of paid sick leave (PSL) to employees working in California.1 Although the Act establishes minimum requirements, employers have the option to provide more sick time off than the minimum required under the Act. As an employee in California, you may not understand your eligibility to take sick leave at work. Family Medical Leave Act/California Family Rights Act (FMLA/CFRA): Eligible employees may take up to 12 workweeks of unpaid, job-protected leave in a 12-month period to care for themselves or family members who are ill, or for child bonding and military exigency. Under the Healthy Families Act, paid sick leave in California may be used for the diagnosis, care, or treatment of an existing health condition or preventive care for yourself or a family member. Under California’s Healthy Workplace Healthy Family Act (HWHFA), all employees (full-time, part-time and temporary) working in California for the same employer for at least 30 days within a year after beginning employment are eligible for paid sick leave. Employees earn one hour of paid sick leave for every 30 hours of work. Employees may also qualify for payment for sick leave through California’s State Disability Insurance program or its Paid Family Leave program. For more information on the ordinance, including a copy of ordinance*, see the county’s legislative page . California Healthy Workplaces Healthy Families Act California was the second state in the United States to require sick leave for employees. Unpaid time off laws. Thus, if an employers sick leave policy provides for paid time off beyond the statutory 24 hours/three days minimum provided by the state law, the balance of that leave still may be usable for Kin Care family leave. But the employer can cap the total accrued paid sick leave to 48 hours or 6 days. Some counties and cities have even stricter requirements than the state of California. Click here to view Overview of California Leave Laws Chart, Click here to view the Typical Pregnancy Leave Chart. “Helping employees stay home when they are sick is foundational in our response to COVID-19,” said Governor Newsom. Pro tip: new birth mothers can qualify for disability insurance and receive a percentage of your pay while out on leave so check to see the benefits you’ve signed up for before talking with your boss or HR at the company. Employers in California have the right to instate their own sick leave rules, as long as they at least meet the minimum requirements under state law. Click here to view a pdf version of the update. However, as a business, it’s your choice—you can pay out any Employees may also take sick leave if they are victims of domestic violence, sexual assault, or stalking. The same law does not apply to separately accrued and accounted-for sick leave. If those employers have separate sick leave and vacation policies, then the law will not require them to pay out accrued sick leave to employees who leave employment. Under the terms of the paid sick leave law (and Labor Code sections 233 and 234), if an employee has accrued and available sick leave, and is using his or her accrued paid sick leave for a purpose as specified in the law, it is not permissible for an employer to give the employee an “occurrence” for the absence under such an attendance policy because this would constitute a form of discipline against an employee for using his or her paid sick leave as allowed under the paid sick leave … Employers can set a maximum accrual limit at 24 hours per year. I was under the impression I did not need to provide one of its not paid time off. The Amendment does the following: – Rate of pay for employees eligible for overtime should be based on each employees: (1) regular rate of pay for the week in which the employee uses sick leave (i.e., the rate used when calculating the overtime premium rate); or (2) total wages, excluding overtime premiums, divided by total hours worked in the full pay periods of the prior 90 days of employment. You may want to grant unpaid personal leave for the following reasons:​​ If you are facing an issue with paid sick leave in California, Pimentel Law can help. The Kin Care law requires employers with sick leave policies to allow employees to use up to one half of accrued sick leave to care for family members. In addition to any paid sick leave offered, employees have the right to take unpaid sick leave as well. This paid sick leave policy is intended to comply with the requirements of the Act. 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