California Sick Leave Law – What Are Workers Entitled To?

Below, our California employment and labor lawyers discuss the following frequently asked questions (faqs):

• 1. Who is eligible for paid sick leave in California?
• 2. How much paid sick leave can I take?
  • 2.1. How many sick days do you get part time in California?
  • 2.2. Is there a waiting period for sick leave in California?
  • 2.3. How much do I get paid while out on paid sick leave?
  • 2.4. Can my employer provide different rules?
  • 2.5. What happens when my sick leave runs out?
  • 2.6. Do I get paid for unused PSL if I quit or get fired?
• 3. What qualifies as sick leave in California?
  • 3.1. Do I have to have COVID-19 to take SB 95 supplemental paid sick leave?
• 4. Can employers deny sick leave?
• 5. Can I sue my employer?
  • 5.1. What are the damages if my employer fired me?

If you have further questions after reading this article, we invite you to contact us at Shouse Law Group. Also see our overview article on workplace leave laws in California.

1. Who is eligible for paid sick leave in California?

Under California state law, most exempt and non-exempt employees with 30 or more days of employment in a calendar year have eligibility for paid sick leave (PSL).¹

PSL is available for full-time workers, part-time workers, and temporary employees. There are some restrictions for certain employees who do not fall under the California laws for regular employees, including:

• Federal employees and some state and city employees,
• Workers with a collective bargaining agreement,
• In-home supportive service providers, and
• Some employees of air carriers.²

2. How much paid sick leave can I take?

At a minimum, California law requires that full-time employees get 24 hours (or 3 days) of paid sick leave time per 12-month period. Employees earn a minimum of 1 hour of paid sick leave for every 30 hours worked.

Through September 30, 2021, California Senate Bill 95 requires companies with 26 or more workers to provide at least 80 hours of paid sick leave to full-time employees who need time off work for coronavirus-related reasons. These 80 hours are in addition to regular paid sick leave policies. And employers cannot force employees to use their regular PSL instead of their SB 95 supplemental paid sick leave.³

Note that certain California cities have sick leave ordinances that provide greater PSL benefits than state law requires, including:

• Berkeley: 48 hours PSL a year for employers with fewer than 25 employees; 72 hours PSL a year for employers with 25 or more employees.
• Emeryville: 48 hours PSL a year for employers with 55 or fewer employees; 72 hours PSL a year for employers with more than 55 employees.
• Los Angeles: 48 hours (6 days) PSL a year.
• Oakland: 40 hours PSL a year for employers with fewer than 10 employees; 72 hours PSL a year for employers with 10 or more employees.
• San Diego: 40 hours PSL a year.
• San Francisco: 48 hours PSL a year for employers with fewer than 10 employees; 72 hours PSL a year for employers with 10 or more employees.
• Santa Monica: 40 hours PSL a year for employers with fewer than 25 employees; 72 hours PSL a year for employers with 25 or more employees. ⁴

2.2. Is there a waiting period for sick leave in California?

California law requires companies to allow their employees to take PSL no later than their 90th day of work. PSL can also carry over to the next year if an employee does not use their time.

But employers can cap the total accrued paid sick leave at 48 hours (or 6 days). And employers can require that employees take no more than 24 hours (or 3 days) of PSL per year.⁶

Note that employees can take SB 95 supplemental PSL for qualifying COVID reasons right away.⁷

2.3. How much do I get paid while out on paid sick leave?

2.4. Can my employer provide different rules?

An employer’s paid sick leave requirements and policies must match California’s minimum requirements or provide a more generous amount of leave. Many employers elect to “front load” PSL so employee do not have to earn sick leave before taking it.¹⁰

Note that old plans are grandfathered in if the employer had a paid time off (PTO) plan that employees could use for PSL if that plan provided at least as many paid sick days as required by current law.¹¹

2.5. What happens when my paid sick leave runs out?

California companies do not have to pay employees who still need time off from work or telework after their PSL has run out. But employees who take unpaid sick leave may still be protected from losing their job under California and federal leave laws like CFRA and FMLA.

Leave laws provide job protection for an eligible employee who takes time off to care for a family member, because of an illness, or other covered leave reasons. This means that an employee can return to the same or a substantially similar job when returning from leave. An employer cannot fire, threaten, or retaliate against an employee.¹²

2.6. Do I get paid for unused PSL if I quit or get fired?

Employers do not have to pay departing or terminated employees for unused PSL like they do for unused vacation time.

3. What qualifies as sick leave in California?

Employees in California may take paid sick leave to care not just for themselves but also for a:

• Child, stepchild, foster child, or adopted child;
• Spouse or registered domestic partner;
• Parent;
• Sibling;
• Grandchild; or
• Grandparent.

Employees may also use PSL to care for themselves or a family member in seeking diagnosis, care, or treatment of an existing health condition, or for preventive care.

In addition, an employee who is a victim of domestic violence, sexual assault, or stalking can use PSL to seek either:

• Relief for the employee or his or her child, including a restraining order;
• Medical attention for related injuries;
• Services from a domestic violence shelter or rape crisis center;
• Psychological counseling; or
• Safety planning against future domestic violence, sexual assault, or stalking.¹³

3.1. Do I have to have COVID-19 to take SB 95 supplemental paid sick leave?

No. All the qualifying reasons to take COVID-19 supplemental PSL under SB 95 include:

1. Healing from and seeking health care for coronavirus;
2. Getting an FDA-approved coronavirus vaccine;
3. Caring for a family member is quarantining or who is sick with coronavirus;
4. Seeking a diagnosis after having coronavirus symptoms;
5. Self-quarantining following a government order or a doctor’s advice; and/or
6. Caring for a child whose daycare or school has closed due to the coronavirus.¹⁴

4. Can employers deny sick leave?

No. The California Labor Code states:

An employer shall not deny an employee the right to use accrued sick days, discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using accrued sick days, attempting to exercise the right to use accrued sick days, filing a complaint with the department or alleging a violation of this article, cooperating in an investigation or prosecution of an alleged violation of this article, or opposing any policy or practice or act that is prohibited by this article.¹⁵

An employer also cannot require the employee to find a replacement as a condition to take PSL.¹⁶

5. Can I sue my employer?

Employees can file a civil lawsuit if their employer fails to provide the required PSL time, fails to pay employees during their accrued PSL, or otherwise violates sick leave policies.

Employers may also not retaliate against employees for taking valid leave, cooperating in a labor violation investigation, or complaining about labor violations. Retaliation can manifest as:

• Demotion,
• Threatening to fire the employee,
• Threatening to report immigration violations,
• Reducing pay, and/or
• Terminating an employee.

If an employer retaliated against you based on PSL or protected leave, talk to a California labor and employment lawyer about your case and how to get the money you are owed.

Many California employment lawyers represent workers on a contingency basis. This means the lawyer will not get paid until you do. Labor law violations may also require the employer to pay for the employee’s legal costs and fees.

5.1. What are the damages if my employer fired me?

An employee can seek money damages and equitable relief, including reinstatement. Damages in a labor law case may include:

• Back pay;
• Payment for withheld sick days;
• Administrative penalties;
• Three times the liquidated damages for wrongfully withheld sick days (up to a maximum of $4,000);
• Interest on back pay; and
• Reasonable attorney’s fees and costs.¹⁷

If there are multiple employees being underpaid or retaliated against, they may be able to bring a class action lawsuit against the employer.

For questions or to discuss your case confidentially with one of our skilled California labor and employment attorneys, do not hesitate to contact us at Shouse Law Group.

We have local employment law offices in and around Los Angeles, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

See also the California Department of Industrial Relations (DIR)’s fact-sheet on COVID-19 Supplemental Paid Sick Leave for Food Sector Workers.

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