Sick leave law changes

Changes to California paid sick leave law.

Paid sick leave became available to most California employees on July 1, 2015. Less than two weeks later, on July 13, 2015, the sick leave law was changed in several ways:

Eligibility to accrue sick leave was based on working at least 30 days within a year in California for any employer. Now, an employee must work 30 days for the same employer.

Accrual was at the rate of one hour of leave for every 30 hours worked. Employers may now also comply with the law by providing at least 24 hours of leave available for use by an employee’s 120th calendar day of employment.

All employers were required to give notice to their employees in pay statements how much sick leave they had available. After the change, employers in the broadcasting and motion picture industries are not required to give this notice until after January 20, 2016.

The rate of sick leave pay was based on the employee’s hourly wage. If the employee had different hourly rates, was paid by commission or piece rate, or was nonexempt (i.e., not eligible for overtime pay), the rate was determined by total wages (not including overtime pay) divided by total hours worked for the 90 prior days of work. Now, for nonexempt employees, the rate may be based on either (1) the regular rate of pay for the week during which leave is taken, or (2) total wages (not including overtime pay) divided by total hours worked for the 90 prior days of work. For exempt employees, the rate must be calculated in the same way as other paid leave.

Employers are now not required to ask about or record the purpose for which an employee takes sick leave.

Posted by deanroyerlaw