Employees in California are entitled to at least one hour of sick leave for every 30 hours worked. Employers may limit annual sick leave accrual to 24 hours or three days (whichever is greater).
Employers in California may not deny a covered employee’s right to use sick time or retaliate against an employee who uses it. An employee may be able to sue the employer for violating California labor laws. However, not every employee is eligible for the same amount of time off and many employers are unsure how to handle their obligations under this law.
The following article will help explain who is eligible for paid sick leave in California.
In California, Who is Eligible for Paid Sick Leave?
This law applies to all employees in California who work 30 or more days within a year from the start of employment.
Certain employees are subject to additional restrictions that do not apply to regular employees under California law. California law requires that all employees in California receive paid sick leave. The law also has additional provisions for specific groups of employees.
According to California state law, most exempt and non-exempt employees who work 30 or more days in a calendar year are eligible for paid sick leave. Paid sick leave is an option for full-time, part-time, and temporary employees. Certain employees are subject to additional restrictions that do not apply to regular employees under California law, including:
- Federal and local government employees
- Employees covered by a collective bargaining agreement
- Providers of in-home supportive services
- Several airline employees.
How Many Sick Days Do I Get As A Part-Time Employee In California?
Part-time employees, like full-time employees, are entitled to at least one hour of paid sick leave for every hour worked. Employers may choose to offer more than the minimum required by law.
If you work part time in California and have a question about your rights as an employee, please contact our office today. Part-time employees with a regular weekly schedule, on the other hand, are entitled to COVID-19 supplemental paid leave equal to the number of hours worked in two weeks.
Furthermore, part-time employees with variable schedules are entitled to COVID-19 supplemental paid leave equal to seven times the average number of hours worked per day over the previous six months.
How Much Can I Earn While On Sick Leave?
Employees in California on paid sick leave are paid at their regular rate. Meanwhile, employees’ wages while on COVID-19 supplemental paid sick leave vary depending on their status. Exempt employees are paid at their regular hourly rate. Non-exempt employees, on the other hand, receive the highest of either:
- their regular hourly wage
- their average pay in the previous 90 days
- Minimum wage in your state or municipality
What Happens If My Paid Sick Leave Is Over?
Companies in California are not required to pay employees who require additional time off or telework after their PSL has expired. Employees who take unpaid sick leave, on the other hand, may be protected from termination under California and federal leave laws such as CFRA and FMLA.
Leave laws protect an eligible employee who takes time off to care for a family member, due to illness, or for other covered leave reasons. This means that when an employee returns from leave, he or she can return to the same or a substantially similar job. An employee may not be fired, threatened, or retaliated against by his or her employer.