On average, Americans take 7 days of sick leave per year. Here is what you need to know about sick leave laws in California.
Eligibility for Sick Leave in California
Under California law, exempt and non-exempt employees with 30 or more days of employment within a year of starting work are eligible for paid sick leave. Employees are able to accrue paid leave hours for certain reasons, including illness and caring for a family member. Paid sick leave is available for temporary employees, part-time employees, and full-time employees.
How Much Sick Leave Can I Take in California?
The length of permitted sick leave is three months, but it varies based on the employment contract. There is a minimum standard of sick leave required by California law, but employers can give more sick leave.
In addition to California’s paid sick leave laws, some counties offer additional benefits, such as Los Angeles, San Francisco, and San Diego.
How Much Paid Sick Leave Do I Get Per Year?
At a minimum, California requires 24 hours of paid sick leave time per year. Employees earn one hour of sick leave for every thirty hours worked. On the 90th day of employment, employees are allowed to begin to utilize their accrued paid sick leave. Employers can cap the amount of paid sick leave days at 48 hours or 6 days.
Employers with Different Rules
An employer is allowed to give more paid sick leave than California’s minimum protections, but not less. An employer can allow an employee to obtain 2 hours of sick leave for every 40 hours worked, but cannot allow an employee to only earn less than 1 hours of sick leave for every 30 hours worked.
Related: Sick Leave Laws in Los Angeles
Employees who would not fall under California laws for regular employees would include:
- Collective bargaining agreements
- Employees of Air Careers
- In-home service providers
What Happens When My Sick Leave Runs Out?
If an employee takes time from an illness following using up their paid sick leave, the employer is no longer legally obligated to pay them for their sick leave. However, employees may be protected, under federal and state leave laws, from being fired. Leave laws are protection for eligible employees who take time off in order to care for a family member, because of an illness, or other covered leave reasons.
What Can I Use Sick Leave For?
Taking time off for the following would qualify as sick leave:
- Medical attention for related injuries
- Psychological Counseling
- Obtaining services from a domestic violence shelter or rape crisis center
- Safety planning against future domestic violence, stalking, or sexual assault
Related: Parental Leave Laws in California
FAQs About California’s Sick Leave Laws
How much can I sue my employer for if they do not provide paid sick leave?
The amount may vary depending on the severity of the circumstance. If your employer failed to provide you with the time off and pay required by California law, you can sue your employer for both paid sick leave and any other damages that occurred as a result of lacking the paid sick leave.
Related: What Can You Sue an Employer for in California?
Can I obtain more paid sick leave from my employer than the minimum amount allotted by the state of California?
You are able to obtain more paid sick leave if you and your employer come to an agreement, but your employer is not required to provide you with more paid sick leave, unless a written contract in accordance with your employment is created including extra paid sick leave.
Contact Us
If you or a loved one would like to know more about sick leave laws in California, get your free consultation with one of our California Employment Attorneys today!