Sick leave requirements for California employers

If your business has employees in California, you have to provide them with paid sick leave. A requirement even if you have only one employee, or hire only part-timers.  

If you’re a California employer, here’s what you need to know about sick leave.

What is paid sick leave?

It’s not appropriate to anyone when employees show up to work sick. So, California’s sick leave law requires employers to pay their employees for a certain amount of time off each year due for health reasons. Employers must pay their employees for sick leave at their regular rate of pay.  

Which employees are eligible for paid sick leave?

Almost all employees who work at least 30 days in a year in California are eligible for paid sick leave. There are just a few exceptions for:

• Some unionized employees covered by collective bargaining agreements
• Airline flight deck and cabin crew members employed by air carriers
• Employees of the California In-Home Supportive Services Program

How much paid sick leave must employees receive?

There are two ways to calculate how much sick leave employees must receive each year. Ultimately, the employer determines which method to use. Note, these are the minimum state requirements. Employees are free to give employees more generous sick leave if they want.

Hourly calculation: Using this method, California employers must give their employees a minimum of one hour of paid sick leave to match every 30 hours they work during the year. But the employer can limit the total sick leave hours accrued each year to 48 hours or six days.

Set amount: If the hourly calculation seems like too much of a chore, employers can give their employees a set amount of sick leave each year, no matter how many hours they work. The minimum amount is 24 hours or three days.  

Employers may also limit the total amount of paid sick leave that employees may use each year to 24 hours or three days.

When can employees use their paid sick leave?

Employees must work for at least 90 days before they can use their paid sick leave.

Employees can take sick leave for a personal health condition or that of a family member, including preventative treatment. A “family member” constitutes a spouse, domestic partner, child, parent, parent-in-law, grandparent, grandchild or sibling.

Other valid reasons for taking sick leave include a need for medical aid, psychological counseling or other services because they are victims of domestic violence, sexual assault, or stalking.

Employees can ask for sick leave in person or writing. Employers must allow their employees to use accrued sick leave so long the employee provides notice. Employees don’t need to provide a doctor’s note or other documentation to take sick leave.

Under California law, employers are prohibited against discrimination or retaliation against employees who use their sick leave. Employees who suspect retribution may file complaints with the California Labor Commissioner against employers who do so. Employers who violate these rules can get fined up to $10,000.

Additionally, employers can require employees to take their sick leave in at least two-hour increments.