Understanding California’s Paid Sick Leave Law

Q: Who is eligible for Paid Sick Leave in California?
Under California law, any employee who has worked for the same employer for at least 30 days within a year is entitled to paid sick leave.
This leave may be used not only for the employee’s own illness or medical needs but also to care for a family member who is ill.

Q: How much Paid Sick Leave is available to employees?
While California mandates a minimum amount of paid sick leave, individual employers may implement their own sick leave policies that are equal to or more generous than the legal requirement.
Employees are encouraged to consult their Human Resources department for details about their specific benefits.

Q: What is the minimum Paid Sick Leave required by California law?
California labor law requires employers to provide at least 24 hours (or 3 days) of paid sick leave annually to full-time employees.

Q: When does eligibility to use Paid Sick Leave begin?
Employees become eligible to use their accrued paid sick leave starting on the 90th day of employment.

Q: Can unused Paid Sick Leave be carried over to the following year?
Yes, unused paid sick leave can carry over to the next year. However, employers may place a cap on accrual, limiting it to 48 hours (or 6 days).

Q: What if I exhaust all of my Paid Sick Leave?
If an employee uses all available paid sick leave and still requires time off for medical reasons, any additional leave will generally be unpaid.
However, protections under federal laws, such as the Family and Medical Leave Act (FMLA), may still apply, and an employer may be prohibited from terminating the employee solely due to extended medical leave.

Q: Can my employer deny my request for Paid Sick Leave or require me to work instead?
No. Under California labor law, employers are prohibited from denying paid sick leave. Furthermore, they may not retaliate against, discipline, or terminate employees for exercising their right to use paid sick leave.
Employers also cannot require employees to find a replacement before taking time off under this policy.

This article is intended to provide a general overview of California labor law and does not constitute legal advice. If you believe your rights have been violated, it is strongly recommended that you consult with an experienced labor law attorney to explore your legal options and potential remedies.