The Healthy Workplace Healthy Family Act of 2014 (AB 1522) provides employees in California with paid sick leave. Under the California law, an employee who works in California for 30 or more days is entitled to paid sick leave. With some exceptions, all employees, including part-time and temporary employees, earn at least one hour of paid leave for every 30 hours worked.
Here are some basic rules that employees should keep in mind about using their paid sick leave:
- An employee may use accrued paid sick days beginning on the 90th day of employment.
- An employee may request paid sick days in writing or verbally.
- An employee cannot be required to find a replacement as a condition for using paid sick days.
- An employee can take paid leave for employee’s own or a family member for the diagnosis, care or treatment of an existing health condition or preventive care or for specified purposes for an employee who is a victim of domestic violence, sexual assault or stalking.
- Accrued paid sick leave may be carried over to the next year, but it may be capped at 48 hours or six days.
Employers are required to comply with the following rules:
- Provide at least 24 hours (or three days) of paid sick leave for each eligible employee to use per year.
- Show how many days of sick leave an employee has available on his/her pay stub or a document issued the same day as a paycheck.
- Display poster on paid sick leave where employees can read it easily.
- Provide written notice to employees with sick leave rights at the time of hire.
- Allow eligible employees to use accrued paid sick leave upon reasonable request.
- Retaliation or discrimination against an employee who requests or uses paid sick days is prohibited.
- Keep records showing how many hours have been earned and used for three years.
If an employer fails to comply with the California law for paid sick leave, an employee can file a complaint with the Labor Commissioner or bring a lawsuit.
If your employer doesn’t provide paid sick leave or isn’t following the law, please contact us at CJL to discuss your rights.