As a small business owner or employee in California, staying informed about Paid Sick Leave (PSL) is crucial. At XOA TAX, we understand that navigating these regulations can be complex. This blog post breaks down the key aspects of California PSL, answering your frequently asked questions and providing clarity on this important labor law.
Key Takeaways:
- Most California employees are entitled to at least 5 days (40 hours) of paid sick leave per year.
- Employees accrue PSL at a rate of at least 1 hour for every 30 hours worked.
- PSL can be used for an employee’s or their family member’s health needs, or for specific circumstances related to domestic violence, sexual assault, or stalking.
- Employers must provide a notice to employees about their PSL rights and display a workplace poster.
What is California Paid Sick Leave?
California Paid Sick Leave is a state law that requires employers to provide paid time off to employees for illness, injury, or preventive care for themselves or a family member. It also covers time off needed due to domestic violence, sexual assault, or stalking.
Who is Eligible for Paid Sick Leave?
Most employees who work in California for 30 or more days within a year are eligible for PSL, including part-time and temporary employees.
How Much Paid Sick Leave Can I Accrue?
Starting January 1, 2024, employees generally accrue at least one hour of PSL for every 30 hours worked. Employers may offer more generous accrual rates, but this is the state-mandated minimum.
How Much Paid Sick Leave Can I Use?
As of January 1, 2024, employees can use up to 5 days or 40 hours of PSL per year, whichever is greater.
Example: An employee who works 10-hour days accrues 50 hours of PSL per year and can use up to 50 hours within a 12-month period, as 5 days (50 hours) is greater than 40 hours.
What Can I Use Paid Sick Leave For?
PSL can be used for a variety of reasons, including:
- Diagnosis, care, or treatment of an existing health condition
- Preventive care (like annual physicals)
- Time off needed due to domestic violence, sexual assault, or stalking
How Do I Request Paid Sick Leave?
If your need for leave is foreseeable (e.g., a scheduled doctor’s appointment), you must provide your employer with advance notice. For unforeseeable needs, you should notify your employer as soon as practically possible.
Can My Employer Ask for a Doctor’s Note?
While an employer generally cannot deny PSL based solely on the lack of a doctor’s note, they may request documentation in limited circumstances, such as if they have reason to believe the leave is not being used for a valid purpose.
What About Existing Paid Time Off Policies?
If your employer already has a paid time off (PTO) policy that meets or exceeds the state’s PSL requirements, they are not required to provide additional sick leave.
How Will I Know How Much PSL I Have?
Your employer must provide you with a pay stub or a separate written statement on payday that shows how much PSL you have available.
FAQ Section
Q: Can I use PSL for a family member?
A: Yes, “family member” is broadly defined and includes your parent, child, spouse, registered domestic partner, grandparent, grandchild, and sibling.
Q: Can my employer retaliate against me for using PSL?
A: No. Retaliation for using or attempting to use PSL is illegal.
Q: What if my city or county has its own sick leave law?
A: Your employer must follow the law that is most generous to you, whether it’s the state law or a local ordinance.
Q: I’m a new employee. When can I start using PSL?
A: You can generally start using accrued PSL after 90 days of employment. However, your employer may choose to allow you to use PSL before then.
Need Help? Contact XOA TAX Today!
California Paid Sick Leave laws are constantly evolving. At XOA TAX, we can help you understand your rights and obligations as an employer or employee. Contact us today for personalized guidance:
Website: https://www.xoatax.com/
Phone: +1 (714) 594-6986
Email: [email protected]
Contact Page: https://www.xoatax.com/contact-us/
Disclaimer: This post is for informational purposes only and does not provide legal, tax, or financial advice. Laws, regulations, and tax rates can change often, and vary significantly by state and locality. This communication is not intended to be a solicitation and XOA TAX does not provide legal advice. Past results do not guarantee future outcomes. Please consult a professional advisor for advice specific to your situation.