What You Should Know About California Sick Leave Law

Author: Mesriani Law Group
Posted on: November 20, 2020

Flu season is here. And while you can get sick anytime during the year, seasonal influenza (flu) viruses are most common during the fall and winter months. According to the Center for Disease Control and Prevention (CDC), a majority of flu activity peaks between December and February.

In California, that means a lot of employees may be getting sick and need to take time off.

But do California employees get paid sick leave? If so, how much? If you don’t use your sick time, do you get paid for unused sick days? Are all employees entitled to paid sick leave?

Employees Eligible for Paid Sick Leave

According to California employment law, most non-exempt and exempt employees who worked at least 30 days within a year are eligible for paid sick leave. The individual can be a full-time, part-time, or contracted employee. Paid interns are also eligible for paid sick leave.

However, there are several restrictions for employees who don’t fall under California state laws as regular employees. Employees of air carriers, employees of in-home supportive service providers, and employees with a collective bargaining agreement are in a special category and may not have eligibility as regular employees.

How Much Paid Sick Leave Do I Get? 

At a minimum, California law requires that employers provide at least (3) three days or 24 hours of paid sick leave per year for full-time employees. California employees also accrue at least (1) one hour of sick leave for every 30 hours worked.

Paid sick time can be carried over to the following year if the employee does not use it that year. Employers can cap the total amount of accrued paid sick leave at (6) six days or 48 hours.

Additional paid sick leave will vary depending on the employee’s individual plan set by the employer.

Do I Get Paid for Any Unused Sick Days? 

Unless specified in your employer’s policy, employers don’t have to pay you for any used sick days. However, if get rehired by the same employer within 12 months of leaving your job, you can restore your accrued paid sick time as long as it wasn’t paid out upon your termination or resignation. 

What Can I Use Sick Time For? 

An employee can use their paid sick time for personal care, diagnosis, or treatment of existing health conditions. Employees can also use sick time for preventative care of family members including their spouse, registered partner, children, sibling, parent, grandparent, or grandchildren.

In addition to caring for family members, paid sick time can also be used for employees who are victims of sexual assault, stalking, or domestic violence.

Contact a Los Angeles Paid Sick Leave Lawyer Today

If your employer does not provide the minimum state-mandated paid sick time, your rights may have been violated. If your employer denies your right to use your accrued sick time or has threatened to discharge or terminate your employment, you need an attorney that will get you the justice.

An experienced and compassionate employment lawyer will fight for your rights and can help get you the maximum compensation you deserve. Contact Mesriani Law Group today to speak with an attorney about your potential case.