California Sick Leave

Orange County Sick Leave Lawyers

In California, employees have the right to paid leave to take time for their or family member's illnesses. Recently, this leave has been expanded to allow more time for employees to deal with their sicknesses and not risk undue financial burden. The new requirements go into effect on January 1, 2024, so it is important to know your rights to sick leave now. If you feel you've been denied proper paid time off, Orange County sick leave lawyers at the Serendib Law Firm can help determine your next legal step. We offer dedicated legal support for workers who have been denied their rights by an employer in all types of employment law matters. If you have not been paid properly, or you believe your rights have been violated in other ways at work, call our office at 1-800-LAW-8225 (800-529-8825) or contact us online to find out more about our legal services.

California Sick Leave

Governor Gavin Newsom signed Senate Bill (SB) No. 616 into law on October 4, 2023. This legislative update amends California's Healthy Workplaces, Healthy Families Act (HWHFA) to expand the time employers owe their employees to sick leave. SB No. 616 replaces the mandatory paid sick leave time period of three days (or twenty-four hours) with a mandatory period of five days (or forty hours). These requirements take effect on January 1, 2024.

The bill applies to employers of all sizes, requiring them to provide 40 hours of accrued sick leave or paid time off each calendar year, or within each 12-month period. This law applies to full-time, part-time, temporary as well as seasonal employees who work in California for 30 or more days in a 12-month period for the same employer. Under the law, employers are allowed to also limit carryover sick leave to 40 hours per year. If you think your employer is unlawfully denying you paid sick leave you are due, contact a seasoned employment law attorney in Orange County to learn more about your rights.

Pursuant to the HWHFA, employers can provide paid sick leave in various ways. "Accrual" paid sick leave policies allow employers to provide their employees with one hour of sick leave for every 30 worked. Employers can also institute an "alternative accrual" policy, whereby employees accrue at least 24 hours of paid leave by the 120 th day of employment, or yearly. Additionally, SB 116 requires accrual of 40 days of leave by the 200 th day of employment, or each year. SB 116 also raises the state paid sick leave accrual cap from 48 hours to 80 hours.

Another way in which employers can provide employees with their paid sick leave is via an "up front" policy, whereby employees are issued a minimum number of paid time off hours at the beginning of each calendar year or year of employment. With this schedule, there is no requirement for accrual or carry over. Employers may also require their employees to wait until they have been employed for 90 days before being able to use their leave hours. A knowledgeable Orange County sick leave attorney can help you determine if your rights are being violated subject to these regulations. As with the original terms of the HWHFA, the amendment does not explicitly require employees to provide documentation for use of paid sick leave, signaling that such documentation should not be mandated.

SB 616 does also contain a section that partially preempts local ordinances regarding paid sick leave if they contain different substantive standards in certain areas. These standards include: any advances on paid sick leave before accrual; reinstatement of unused leave in rehiring practices; rates of pay and timing of sick leave pay; employee notices to employers for use of leave. The new bill also includes changes to exemptions under the HWHFA that apply to employees covered by a collective bargaining agreement (CBA). Originally, applicable CBAs had to satisfy certain conditions to be exempt. Those conditions still apply, but SB 616 further stipulates that employers must also meet additional requirements under California's paid sick leave law.

Orange County Sick Leave Attorneys

At the Serendib Law Firm, our Orange County employment lawyers are committed to making sure employees understand their legal rights to paid time off, as well as ensuring other workplace rights are not violated. If you have questions regarding paid sick leave you are owed, or any other employment issue, contact our office today at 1-800-LAW-8225 (800-529-8825) or online. We assist clients throughout Orange County, as well as in Los Angeles, San Bernardino, and Riverside Counties.