Sick Leave in California
California had passed a law on sick leave, which was effective from 1st July, 2015. In 2014 as well, they passed a similar law. But that was only applicable to the employers, with more than 50 employees. However, the latest law is applicable to all kinds of employers.
Eligibility: In order to qualify for sick leave, an employee has to satisfy two conditions:
1. Work for the employer for at least 90 days, before applying for sick leave.
2. Work for that employer for at least 30 days in the year in which they are claiming the sick leave.
However, some sections of employees are not covered by this law. For example, employees of air carriers are not eligible.
Calculation: As an employer, you can pay the sick leave either on accrual basis or on lump sum basis. If you decide to go for the accrual method, 1 hour of sick leave will be accrued for every thirty hours that the employee has worked. And if you want to go with the lump sum method, your employees’ sick leave will be limited to 24 hours per year. Sick leaves should be paid on the basis of the hourly rates.
Reasons for sick leave: As per the California Law on sick leave, employees are entitled to take leave for their treatment or the treatment of any of their family members. Sick leave can also be taken for some specific reasons like stalking or domestic violence. Your employee will get to decide whether they want the entire day off or just the half day. However, you can make a rule that at least minimum 2 hours of sick leave needs to be taken.
Separation: If your employee leaves the company, then you are not liable to pay any sick leave. However, if you hire him or her back within 1 year, then all their accrued sick leaves should be reinstated.
Notice regarding sick leave: It is necessary for an employee to inform you before taking a sick leave. But that is only possible for planned leaves, such as visit to the doctor. However, if something emergency comes up, then your employee needs to inform you only when it is practically possible. It is also your responsibility to make proper records of all the sick leaves taken.
There are some cities in California which have their own laws regarding sick leaves. Like, in California, sick leaves up to 72 hours can be accrued per year. Hence, as long as their policies are more generous than the actual law, it is not an issue.
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