In Blogs, FMLA Updates

On July 1st 2015, employees working in California, for 30 or more days in a year, will be eligible to accrue paid sick leave, under the new Paid Sick Leave Law (AB 1522). This new act also applies to part-time and temporary employees. One hour of paid leave will be earned for every 30 hours worked.

Employers may limit the amount of paid sick leave per employee to 24 hours, or three days in one year. Accrued paid sick leave may be carried over into the following year, but it may be capped at 48 hours, or six days.

Employees may begin to use their accrued paid sick leave on the 90th day of employment. Employees can use this leave for:

  • An employees own illness, or that of a family member
  • The care or treatment of an existing health condition, or preventative care
  • Victims of domestic violence, sexual assault or stalking

An employee may request leave either verbally or in writing. An employee is not responsible to find a replacement as a condition of using paid sick leave.

Employers Responsibility

Since January 1st employers should have the poster, issued by the Office of the Labor Commissioner, on display detailing the paid sick leave act where employees can easily read it. If this is not on display already, we recommend you do so immediately. Written notice of employee’s sick leave rights should also be provided at time of hire.

As well as providing 24 hours, or three days of paid sick leave for each employee to use annually, employers must keep a record of how many hours have been earned and used for the past three years. Eligible employees should be allowed to use accrued paid sick leave upon reasonable request.

Retaliation or discrimination against an employee who requests, or uses paid sick days is prohibited. Employees who feel they have been retaliated or discriminated against can file a complaint with the Labor Commissioner.

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