When an employee needs time off due to illness or a medical appointment, it can create serious staffing challenges for their employer. This is particularly true for small businesses or those experiencing a busy season. However, state law requires most employers to provide sick leave – fully paid – to their eligible employees.
Under California’s Healthy Workplaces, Healthy Families Act, employers must generally provide at least five days (or 40 hours) of covered sick leave per year, whichever is greater.
Who qualifies for paid sick leave?
Most full-time, part-time and temporary employees qualify for covered sick leave if they meet two requirements:
- They work for the employer in question for at least 30 days in a given year.
- They have at least 90 days of employment in before using their sick leave.
Employees can use this leave for their own medical needs, including preventive care, or to care for qualifying family members, as well as in other circumstances that are covered by law.
Certain employees, including some railroad workers and airline flight crew members, may be subject to different rules. Collective bargaining agreements may also affect an employer’s obligations. Additionally, some California cities have local ordinances that require even more.
How much must you pay employees during sick leave?
The amount you must pay depends on whether an employee is exempt or nonexempt from overtime requirements. For nonexempt employees, California law allows employers to calculate sick leave pay using either of two methods:
- Use the employee’s regular, non-overtime rate of pay for the workweek in which the sick leave is taken.
- Divide the employee’s total compensation over the previous 90 days, excluding overtime premium pay, by the total non-overtime hours worked during the full pay periods within that period.
For exempt employees, sick leave pay must be calculated using the same method the employer uses for other forms of paid leave, such as vacation time.
What happens if an employee claims you violated the law?
Even employers who make a good-faith effort to comply with California’s sick leave laws can face disputes. An employee might claim they weren’t given sufficient leave, weren’t paid correctly or were improperly denied time off.
Employees may also allege retaliation if they’re disciplined, terminated or otherwise treated unfavorably after requesting or using protected sick leave.
These claims can expose employers to penalties, financial liability and legal proceedings. Understanding your obligations, maintaining accurate records and applying your policies consistently can help reduce those risks. Experienced legal guidance can also be valuable when addressing a dispute or defending against an employee’s claim.