Paid Sick Days Under California Law

California’s Labor Code provides for paid sick days for all employees in the state. Article 1.5 was added in 2014 by Chapter 317. Section 245 names the statute the “Healthy Workplaces, Healthy Families Act of 2014.”

Section 245.5 excludes from the definition of “employee” those covered by a valid collective bargaining agreement, employees in the construction industry under a CBA, individuals employed an air carrier, or employees of local government who is a recipient of a retirement allowance. The term “employer” does not include certain employers under federal law. A “family member” is defined, as well as a “health care provider” and “paid sick days.”

Section 246 provides that an employee who, on or after July 1, 2015, works in California for the same employer for 30 or more days within a year from the commencement of employment is entitled to paid sick days as specified. An employee accrues paid sick days at the rate of not less than one hour per every 30 hours worked, beginning at the commencement of employment or the operative date of this article, whichever is later, subject to the use and accrual limitations.

An employee can use accrued paid sick days beginning on the 90th day of employment, after which day the employee may use paid sick days as they are accrued. Accrued paid sick days carry over to the following year of employment. However, an employer may limit an employee’s use of accrued paid sick days to 40 hours or five days in each year of employment, calendar year, or 12-month period.

An employer is not required to provide additional paid sick days pursuant to this section if the employer has a paid leave policy or paid time off policy, the employer makes available an amount of leave applicable to employees that may be used for the same purposes and under the same conditions as specified, and the policy satisfies one of the specified conditions in this section.

In addition, an employer is not required to provide compensation to an employee for accrued, unused paid sick days upon termination, resignation, retirement, or other separation from employment. An employer is required to provide an employee with written notice that sets forth the amount of paid sick leave available, or paid time off leave an employer provides in lieu of sick leave, for use on either the employee’s itemized wage statement or in a separate writing provided on the designated pay date with the employee’s payment of wages.

Finally, there are specified calculations which an employer is required to use to calculate paid sick leave. If the need for paid sick leave is foreseeable, the employee must provide reasonable advance notification. If the need for paid sick leave is unforeseeable, the employee must provide notice of the need for the leave as soon as practicable.

Section 246.5 requires an employer, upon the oral or written request of an employee, to provide paid sick days for specified purposes: (1) Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee’s family member. (2) For an employee who is a victim of domestic violence, sexual assault, or stalking. An employer cannot require an employee to find a replacement worker to cover days missed. There is a rebuttable presumption of unlawful retaliation if an employer denies an employee the right to use accrued sick days, discharges, threatens to discharge, demotes, suspends, or in any manner discriminates against an employee within 30 days of any specified activity.

Section 247 requires an employer to display in each workplace of the employer a poster in a conspicuous place containing all the information specified in law, and the Labor Commissioner must create a poster containing this information and make it available to employers. The poster is required to state specified information. Willful violation can result in a fine of $100 per violation.

Section 247.5 requires an employer to keep for at least three years records documenting the hours worked and paid sick days accrued and used by an employee, and must allow the Labor Commissioner to access these records. An employer must make these records available to an employee.

Section 248.5 requires the Labor Commissioner to enforce this article, including investigating an alleged violation, and ordering appropriate temporary relief to mitigate the violation or to maintain the status quo pending the completion of a full investigation or hearing through the procedures set forth in law.

If the Labor Commissioner, in any administrative proceeding, determines that a violation of this article has occurred, they may order any appropriate relief, including reinstatement, backpay, the payment of sick days unlawfully withheld, and the payment of an additional sum in the form of an administrative penalty to an employee or other person whose rights under this article were violated. The Labor Commissioner or the Attorney General may bring a civil action in a court of competent jurisdiction against the employer or other person violating this article.

Section 249 specifies that this article does not limit or affect any laws guaranteeing the privacy of health information, or information related to domestic violence or sexual assault, regarding an employee or employee’s family member. That information must be treated as confidential and not be disclosed to any person except to the affected employee, or as required by law.