Employers in Los Angeles are required to provide their employees with the legal minimum standard of paid sick leave. Here is what you need to know about sick leave laws in Los Angeles.
Los Angeles Law on Sick Leave
As of July 1st, 2016, employers with 26 or more employees must provide them with a minimum of 6 days or 48 hours of paid sick leave annually. As of July 2017, employers with 25 or fewer employees are held to the same standard.
Accrual of Sick Leave in Los Angeles
Employees are able to accrue sick leave in Los Angeles by:
- the accrual method where the employees accrue one hour of paid sick leave for every 30 hours worked and accrual begins on the first day of employment
- the front-loading method where the employee is entitled to a minimum of 48 hours at the beginning of each year of employment, calendar year, or 12-month period.
Unused or accrued sick leave can be carried over to the following year, but an employer is able to cap accrued paid sick leave time at 72 hours. The annual cap without an accrual from previous years is 48 hours.
Related: Sick Leave Laws in California
What Can Sick Leave Be Used for in Los Angeles?
Sick leave is not only restricted to an employee falling ill. Sick leave can be used for:
- Self-care
- Caring for sick family members
Sick leave must be requested in writing or orally by employees for:
- Diagnosis of a health condition
- Preventative care
- Care of an existing health condition
- Treatment of an existing health condition
- Specified purposes of a victim of domestic violence, sexual assault, or stalking
Sick Leave After Quitting or Termination in Los Angeles
According to the city of Los Angeles minimum wage ordinance, an employer is not required to compensate a former employee for sick leave if the employee:
- is terminated
- resigns
- retires
- separates from the employer for any other reason
If an employee returns to their previous employer within one year of the separation, previously accrued or unused paid sick leave time will be reinstated.
How are Sick Leave Laws in Los Angeles Enforced?
If an employer does not post the notice defining sick time benefits in alignment with Los Angeles Municipal Code (LAMC) § 188.03(A), the employer can be fined up to $500 pursuant to LAMC § 188.08(B). Each individual violation counts as a separate distinct violation. For example, if the employer does not post the notice for 10 days, the total fine could be up to $5,000.
If an employer refuses to allow an employee to take sick leave, the employee has the right to
- complete and submit a Complaint Form to the Office of Wage Standards Ordinance
- Bring a civil lawsuit against the employer pursuant to LAMC § 188.07(B)
Related: What Can You Sue an Employer for in California?
FAQs
How can I sue my employer for not letting me take paid sick leave?
File an official complaint with the Office of Wage Standards Ordinance, and file a lawsuit with your local courthouse against your current or former employer.
Can I sue my employer for cutting paid sick leave from 78 hours to 70?
No, you cannot because this amount exceeds the minimum paid sick leave time allotted by Los Angeles.
Contact Us
If you or a loved one would like to know more about sick leave laws in Los Angeles, get your free consultation with one of our Employment Attorneys in California today!