New Bill Increases Paid Sick Leave

On February 15, 2023, Senate Bill 616 (Gonzalez) was introduced to increase the number of paid sick leave days in California by amending Labor Code Section 246.

Current state law allows an employee to take paid sick days if they have worked 30 or more days within a year for the same employer. The current limitation is 3 days or 24 hours. SB 616 would raise the employer’s authorized limit on the use of carryover sick leave to 56 hours or 7 days in each year of employment. The bill would redefine “full amount of leave” to mean 7 days or 56 hours.

Current state law allows individual providers of in-home supportive services and waiver personal care services to paid sick days based upon minimum wage increases, up to a maximum of 24 hours or 3 days each year of employment when the minimum wage has reached $15 per hour. SB 616 would increase the sick leave accrual rate for these providers to 56 hours or 7 days in each year of employment, beginning January 1, 2024.

Current state law allows an employer to limit an employee’s total accrual of paid sick leave to 48 hours or 6 days, provided that an employee’s rights to accrue and use paid sick leave are not otherwise limited. SB 616 would increase those accrual thresholds for paid sick leave to 112 hours or 14 days.