Who is entitled to get paid sick days?
The Healthy Workplace Healthy Family Act of 2014 requires employers in California to give paid sick leave to employees (HWHFA). Anyone who is covered may be able to take advantage of paid sick days. An individual who has worked for at least 30 days in a year for the same employee, regardless of whether it was full-time, part-time, or temporary or seasonal, is generally covered. The above-mentioned statute does not apply to employees covered by qualifying collective bargaining agreements, in-home supportive care providers, some airline employees, or retired annuitants working for government agencies. Employers must display the Division of Labor Standards Enforcement poster on their premises. Paid-Sick-Leave Employees should quickly read the poster by posting it in a common area of the office. Employers with employees working from remote sites, home offices, or client offices should make sure they have the appropriate posters as well.[1]
Employees begin earning sick time immediately but cannot use it until 90 days after starting work. However, for companies who provide a lump sum of paid sick leave, the days are 120 calendar days from the date of hire. Employers are banned from interfering with an employee’s freedom to use paid sick leave when they choose. Even if an employee fails to disclose specifics regarding the necessity for sick leave or fails to present a doctor’s note, an employer must enable the use of paid sick leave.[2]
What is covered under sick leave?
Sick leave is paid for physical and mental illness or injury, or to care for a family member who is ill or requires medical diagnosis, treatment, or preventative care; or to address requirements that may develop if the worker is a victim of domestic abuse, sexual assault, or stalking. A kid, spouse, registered domestic partner, parent, parent of a spouse or registered domestic partner, grandchild, grandparent, or sibling are all family members recognized by the statute.[3]
How many paid sick days are allowed?
For every 30 hours worked, you earn one hour of sick leave, up to a maximum of 48 hours or six days per year. If they conform with the law, alternative accrual procedures are acceptable. Your employer, on the other hand, may limit your paid sick time to 24 hours or three days per year. Employers must enable earned paid sick leave to be carried over to the next year, however, there is a 48-hour or six-day limit on carryover hours. Carryover is not required for lump-sum policies. Employers must allow employees who work schedules different than eight-hour days to use at least three days or 24 hours every year, whichever is greater.[4]
Employees do not get any additional paid time off if they already have paid leave (vacation, paid time off, etc.) that they can use as sick time, and it is at least the same amount as you would earn under the paid sick leave.[5]
Conclusion
All covered employees are protected from being fired or penalized if they use or request sick leave.[6] In addition, any mental illness or injury is covered under sick leave, and you need not present a doctor’s note on the same to be entitled to the paid sick leave.
Please note that these are the general laws applicable to the state of California as a whole; there are additional local laws, e.g. on the acceptable family members, that may vary from the states’ laws, some local laws offer additional protection to employees seeking paid sick leave.
[1] https://www.shrm.org/resourcesandtools/tools-and-samples/how-to-guides/pages/htg—how-to-comply-with-california%E2%80%99s-paid-sick-leave-requirements.aspx
[2] https://www.shrm.org/resourcesandtools/tools-and-samples/how-to-guides/pages/htg—how-to-comply-with-california%E2%80%99s-paid-sick-leave-requirements.aspx
[3] https://www.abetterbalance.org/resources/know-your-rights-california-paid-sick-time/
[4] https://www.shrm.org/resourcesandtools/tools-and-samples/how-to-guides/pages/htg—how-to-comply-with-california%E2%80%99s-paid-sick-leave-requirements.aspx
[5] The statute does not provide you any additional paid time off if you already have paid leave (vacation, paid time off, etc.) that you can use as sick time, and it is at least the same amount as you would earn under this rule.
[6] https://www.abetterbalance.org/resources/know-your-rights-california-paid-sick-time/
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