How to Comply with California Sick Leave Law
We recommend you consult with an HR or legal professional to be certain your are in compliance with the law. In general, you are required to pay workers or employees appropriately for sick leave, keep track of sick leave accruals, and report sick leave leave balance to your team members every pay period.
Minus a handful of exceptions, all California employees who work more than 30 days in a year qualify for the Sick Leave Law. This includes including part-time, per diem, and temporary employees.
There are just a handful of exemptions to California’s sick leave law.
- Certain flight deck or cabin crew members who work for an air carrier
- Individuals employed by providers of In-Home Supportive Services (IHSS)
- Employees covered under certain collective bargaining agreement
Yes, as long as they have worked more than 30 days in a given year.
The official name of the California Sick Leave Law is the Healthy Workplaces, Healthy Families Act of 2014.
The California Sick Leave Law went into effect on July 1, 2015.
A qualifying worker is entitled to use paid sick leave beginning on day 90 of employment.
- treatment for an existing condition
- diagnosis
- preventative care
- treatment related domestic violence, sexual assault, or stalking
Employees can use paid sick leave for themselves or on behalf of a family member, for a wide range of reasons.
Sick leave differs from vacation time in that you are not required to pay an employee for unused sick time upon termination. If the employee is rehired within 365 days of the original termination, the unused balance must be reinstated and available.
If you use a system that combines vacation and sick hours into a PTO bank, then you are required to pay your employee for any accrued but unused PTO.