7 Important Details About Sick Leave in California

Sick leave is crucial to your health and well-being, especially when it comes to ensuring you can meet your family’s financial needs during illness. Fortunately, California law is expanding paid sick leave benefits for workers beginning January 1, 2024. Here are seven essential facts:

1. Minimum Sick Leave Entitlement

Under California Senate Bill (SB) 616, workers are entitled to at least 40 hours (or five days) of paid sick leave each year. Previously, the entitlement was limited to 24 hours or three days. Employers may require a 90-day employment period before paid leave is accessible.

2. Sick Leave Covers Non-Standard Workweeks

The law applies to all workers, even those with non-standard schedules. For example, if you work 10-hour days, you’re entitled to 50 hours of paid leave annually. Likewise, if you work shorter shifts, your paid sick leave will be prorated accordingly.

3. Local Ordinances May Provide More

Local laws can offer more generous sick leave benefits. If your city or county’s rules provide higher pay or better leave conditions, your employer must follow whichever is more advantageous.

4. Exceptions to Paid Sick Leave Coverage

Not all workers are eligible. Some exemptions include:

• Flight deck and cabin crew members, if their employer offers equal or better benefits.
• Retired annuitants who are rehired by government entities.
• Railroad workers.
• Workers covered under collective bargaining agreements (CBAs) that offer leave provisions.

5. Employers Can Cap Sick Leave

Employers may limit paid sick leave to a maximum of 80 hours or ten days.

6. Specific Uses for Paid Sick Leave

Sick leave can be used for:

• Preventive care for yourself or a family member.
• Diagnosis, treatment, or care of a health condition.
• Assistance if you’re a victim of stalking, assault, or violence.

7. Protection Against Retaliation

Employers cannot deny you accrued sick leave or retaliate against you for using it. This includes paid leave for partial days.

If you’ve been denied sick leave that you are legally entitled to, contact D.Law. Our employment attorneys are here to help workers across California protect their rights.