California's Paid Sick Leave (PSL) law mandates that employers provide a minimum of 40 hours or five days of paid sick leave annually to all eligible employees.
Eligibility Criteria
The PSL law applies to employees who work in California for the same employer for 30 or more days within a year from the commencement of employment. This includes:
- Full-time employees
- Part-time employees
- Temporary and seasonal employees
All are entitled to accrue and use paid sick leave under this law.
Accrual Methods
Employers can implement one of the following accrual methods:
- Statutory Accrual Method:
- Rate: Employees accrue one hour of paid sick leave for every 30 hours worked.
- Usage Cap: Employers may limit the use of accrued sick leave to 40 hours or five days per year.
2. Alternative Accrual Methods:
- Employers may use alternative accrual methods, provided they meet the minimum requirements of the PSL law.
3. Front-Loading:
- Employers may choose to provide the full amount of sick leave (40 hours or five days) at the beginning of each year, eliminating the need for accrual.
Usage and Carryover
- Usage: Employees are entitled to use accrued paid sick leave beginning on the 90th day of employment.
- Carryover: Unused sick leave carries over to the following year; however, employers can cap the total accrual at 80 hours or ten days.
Permissible Uses
Employees may use paid sick leave for the following purposes:
- Personal Health Needs: Diagnosis, care, or treatment of an existing health condition, or preventive care.
- Family Care: Caring for a family member (child, parent, spouse, registered domestic partner, grandparent, grandchild, or sibling) with a health condition or for preventive care.
- Designated Person: Employees can designate a person for whom they can use paid sick leave.
- Safe Leave: For purposes related to being a victim of domestic violence, sexual assault, or stalking.
Employer Obligations
Employers are required to:
- Provide Notice: Display a poster detailing employees' rights under the PSL law in a conspicuous location at the workplace.
- Record-Keeping: Maintain records documenting hours worked, paid sick leave accrued, and used by employees for at least three years.
- No Retaliation: Prohibit retaliation or discrimination against employees who request or use paid sick leave.
Sick day verification in California refers to the requirement for employees to provide a doctor’s note or medical certification if requested by their employer after taking paid sick leave. However, under California law, employers cannot require a note for short absences unless there is a clear policy in place.