As the year progresses and the temperatures fall, the autumn season brings more than just a change in weather. The new season is commonly known as PSL season, however, it’s not the popular Pumpkin Spice Latte type; it’s Paid Sick Leave (PSL) season. In this period, employees may frequently call out sick, and it’s of utmost importance for employers and legal professionals to understand their obligations and rights under the law.
The prominent law to be reminded of is the Healthy Workplace Healthy Families Act, Labor Code 245 et seq., also known as California’s Paid Sick Leave Law. The law is fittingly relevant in the current circumstances with the resumption of schools and the consistent drop in temperatures. Here you can find an effective refresher on the foundational elements of this critical legislation.
The above-stated law applies to all employers and encompasses public employees also placing obligations on employers across the state. Employers must grasp its key aspects to avoid running foul of its provisions, or worse, litigation claims related to sick leave payouts.
- Covered Employers: All employers within the state are required to comply with the paid sick leave law, regardless of their size or the number of employees. This includes public sector employers as well.
- Covered Employees: The sick leave requirement applies to almost all employees who work in California for 30 or more days within a year.
- Accrual and Caps: Employees earn at least one hour of paid sick leave for every 30 hours worked. Employers may, however, set a cap of accrual at 48 hours or 6 days. However, the law requires employers to allow employees to carry over accrued and unused sick leave into the next year.
- Use of Sick Leave: Employees can start using their accrued sick leave after 90 days of employment, but the employer can limit the use to 24 hours or 3 days per year.
In summary, this PSL season requires vigilance and attention from employers. Understanding the nuances of California’s Paid Sick Leave Law is not just about legal compliance, it’s about fostering a healthy and supportive working environment.