Paid sick leave isn’t just an employee benefit—it’s a legal requirement in California, and the stakes are getting higher with new laws rolling out in 2024. If your business isn’t ready, you could be facing serious legal and financial consequences. Protecting your company starts with understanding exactly how these paid sick leave regulations impact you and ensuring your policies meet California’s strict standards.

Neglecting compliance doesn’t just hurt your employees—it puts your entire business at risk. You could find yourself in the middle of a costly employment lawsuit that drains resources and damages your reputation. 

If you want to stay compliant and navigate these changes effectively, keep reading as we answer your most pressing FAQs about paid sick leave!

What is Paid Sick Leave?

Paid sick leave (PSL)  is a workplace benefit designed to allow employees to take time off due to illness or medical appointments while still receiving their regular paycheck. Think of it as a safety net for your employees, enabling them to prioritize their health without worrying about their financial stability. Here’s what you need to know:

– Purpose of Paid Sick Leave: By offering paid sick leave, you’re creating a culture of care and responsibility. Employees who feel secure in taking time off to recover are likely to return healthier and more productive. This policy also helps minimize the spread of illness in your workplace, protecting everyone.

– Implementation: Employers typically provide a specific number of sick days per year, either at the beginning of the year or through an accrual system. Choosing the right approach depends on your business model and employee needs.

– Legal Framework: California law has set minimum requirements for sick leave, but many employers choose to offer more generous policies to attract and retain top talent.

How Much Paid Sick Leave Do I Need to Provide?

Starting January 1, 2024, California mandates that employers offer at least 40 hours (or five days) of paid sick leave per year. Prior to this, the limit was 24 hours (or three days), making this change significant for many businesses.

Understanding Your Options:

– Paid Sick Leave (PSL): This law ensures employees have paid time off for treatment, diagnosis, or preventative care for themselves and their families.

– Accrual System: A common method is allowing employees to earn 1 hour of paid sick leave for every 30 hours worked. This approach not only encourages employees to work, but it also provides a sense of ownership over their time off.

The Importance of Sick Leave:

Offering adequate paid sick leave demonstrates your commitment to employee well-being. Not only does this enhance job satisfaction, but it also promotes loyalty and reduces turnover. Happy employees lead to a thriving workplace!

Who is Eligible for Paid Sick Leave in California?

If an employee has worked for you for 30 or more days in a calendar year, they are generally eligible for paid sick leave. This includes:

– Full-time Employees: Those who work a standard work week.

– Part-time Employees: Even if they work fewer hours, they still accrue sick leave.

– Temporary Employees: As long as they meet the 30-day threshold.

Exceptions to Keep in Mind:

Certain groups may not be eligible but it’s important to consult a CA Employment Attorney before you nix your policy. 

How Much Paid Sick Leave Can My Employees Take?

From January 1, 2024, full-time employees should receive 40 hours of paid sick leave within a 12-month period. Here’s how it works:

– Accrual Timeline: Employees can take up to 24 hours of sick leave by their 120th day of employment and can access the full 40 hours by their 200th day.

This structure allows employees to benefit from sick leave as they continue to accrue hours, ensuring they can take necessary time off without fear of financial repercussions.

Local Ordinances

It’s essential to be aware of local ordinances that may provide more generous benefits than state law. Here are some key examples:

– San Francisco: Requires 48 hours for employers with fewer than 10 employees and 72 hours for those with 10 or more.

– Los Angeles: Mandates 48 hours (or 6 days) of paid sick leave.

– San Diego: Requires 40 hours (or 5 days) of paid sick leave.

– Santa Monica: Requires 32 hours for employers with fewer than 25 employees and 40 hours for those with 25 or more.

– Pasadena: Requires 40 hours (or 5 days) of paid sick leave.

Unlimited PTO & Sick Leave

While it may seem straightforward to combine vacation and sick leave to unlimited PTO policy, this can lead to compliance issues.

States that mandate paid sick leave typically require sick time to accumulate based on hours worked. If your unlimited PTO policy does not facilitate this accrual, you may encounter compliance issues. Consequently, it is crucial to craft your policy thoughtfully and maintain accurate records.

How Many Sick Days Do Part-Time Employees Get?

Part-time employees are entitled to at least 1 hour of paid sick leave for every 30 hours worked. They, too, deserve the opportunity to care for their health without financial strain.

Is There a Waiting Period for Sick Leave?

California law stipulates that employees can start taking their paid sick leave no later than their 90th day of employment. Any unused sick leave can carry over into the next year, although you may cap it at 80 hours (or 10 days).

Can Employers Set Different Rules?

While you can have specific sick leave policies, they must meet or exceed California’s minimum requirements. Many employers choose to front-load paid sick leave to allow employees immediate access to their allotted time off.

Key Concerns for Employers 

– Documentation is Key: Make sure the remaining sick days are clearly documented on pay stubs or communicated regularly to employees. This transparency helps employees understand their rights and usage of sick leave.

– Visibility Matters: Display a poster in your workplace outlining employees’ paid sick leave rights. This simple step can foster a culture of openness and accountability.

Don’t Leave Your Business’s Future to Chance!

As an employer, understanding your obligations is not just important—it’s essential for protecting your business from costly legal issues and potential lawsuits. Failing to comply with these laws can lead to hefty fines and damage to your reputation, which can take years to rebuild.

At San Gabriel Valley Law, we specialize in helping small business owners like you navigate employment laws confidently and effectively. Remember, the sooner you act, the better prepared you will be to avoid potential pitfalls. Your peace of mind is just a call away—don’t let uncertainty keep you up at night! Book your call today, and let’s empower your business to thrive!

Give us a call 818-949-8029 

or email hello@sangabrielvalleylaw.com