California Sick Leave FAQs

What You Need to Know About California Sick Leave FAQs

All workers are entitled to accrue sick leave. Here’s everything you need to know about California Sick Leave FAQs.

California’s paid sick leave law gives workers legally protected sick days and supplemental paid sick leave for workers who need time off for COVID-19. All employers must allow employees to use their sick days without undue hardship or liability.

Who is eligible for paid sick leave in California?

To qualify for paid sick leave, an employee must work for the same employer for at least 30 days within a year. All full-time, part-time, and temporary employees are eligible for paid sick leave in California. Certain employees, such as federal employees, workers with a collective bargaining agreement, and in-home supportive service providers, do not have the same restrictions and legal limits.

When can I take sick leave in California?

Employees may take paid sick leave to care for:

Themselves,
A child,
A spouse or registered domestic partner,
A parent,
A grandchild, or
A grandparent.

Employees who are victims of domestic violence, sexual assault, or stalking may also use paid sick leave to seek:

Relief for themselves or their child,
Medical attention for related injuries,
Services from a domestic violence shelter or rape crisis center,
Psychological counseling, or
Safety against future domestic violence, sexual assault, or stalking.

Do I have to notify my employer before taking my sick leave?

An employee must notify an employer if the sick leave is planned, such as a doctor’s appointment. However, the employee can inform the employer as soon as practical if the need for leave is unplanned, such as a medical emergency or unexpected illness.

How much paid sick leave can I take?

California law states employees earn at least one hour of paid sick leave for every 30 hours worked. Full-time employees are entitled to at least 24 hours of paid sick leave over 12 months. California further requires companies with at least 26 workers to provide at least 80 hours of paid sick leave to full-time employees who need time off for reasons related to COVID-19.

How many sick days can I get as a part-time worker?

Part-time workers collect one hour of sick leave for every 30 hours worked. Part-time employees are also entitled to COVID-19 supplemental paid sick leave equivalent to the number of hours worked in two weeks.

How much paid sick leave can I get?

California permits employers to cap the total accrued paid sick leave at 48 hours or six days. California also allows employers to cap the number of paid sick days an employee takes at 24 hours, or three days, per year.

Is there a waiting period for sick leave in California?

There is a waiting period of 90 days of employment before employees may begin to use their accrued paid sick leave. After 90 days, workers may use their paid sick days at any point, and the days carry over to the next year if the employees do not use their time.

How much do I get paid while out on sick leave?

Employees taking paid sick leave receive their regular wages or rate of pay while out. Employees taking COVID-19 supplemental paid sick leave to receive wages depending on their status as exempt or non-exempt.

Exempt employees receive their regular rate of pay, and non-exempt employees receive the highest of, and not exceeding $511 per day:

Their regular rate of pay,
The average pay over the past 90 days, or
State or local minimum wage.

Do I get paid for unused sick leave if I quit or get fired?

California law does not require employers to pay the wages of remaining unused paid sick leave to resign or terminate employees.

What happens if my sick leave runs out?

Companies are not required to pay workers who need time off after their paid sick leave runs out. Employees may take unpaid sick leave if needed without losing their job under California and federal leave laws. Leave laws to protect eligible employees who take time off because of an illness against termination. Employers cannot fire, threaten, or retaliate against an employee once they return from unpaid leave due to an illness.

Can employers deny sick leave?

California code does not allow any employer to deny an employee’s right to use accrued sick days. Employers cannot require employees to find a replacement to use sick leave. Employers are also not permitted to discharge, threaten to discharge, demote, suspend, or discriminate against a worker for using accrued sick days or filing a complaint alleging a violation of their right to use paid sick leave.

What if my employer fired me for using paid sick leave?

An employee may seek damages or equitable relief if they lose their job using paid sick leave by pursuing a labor law case.

Damages an employee may seek during a labor law case include:

Back pay,
Payment for withheld sick days,
Administrative penalties,
Three times the damages for wrongfully withheld sick days,
Interest on the back pay, and
Attorney’s fees and costs.

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If you or a loved one would like to learn more about California Sick Leave FAQs, get your free consultation with one of our Employment Attorneys in California today!