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Are you getting enough paid sick leaves in California?

On Behalf of | Apr 4, 2024 | Employment Law |

Employees can take a paid sick day for health treatments, diagnosis or preventive care. They can do the same if a family member is sick, such as a parent, child, registered domestic partner or another designated person. Victims of stalking, sexual assault or domestic violence can also take a paid sick leave.

In January 2024, a new California law increased paid sick leaves to 5 days or 40 hours a year. Prior, employees had 3 days or 24 hours of paid sick days per year.

What “5 days or 40 hours” means

The number of paid sick days can be whichever is higher, between 5 days and 40 hours. As an example, the Division of Labor Standards Enforcement calculated that for a 10-hour workday, an employee will get 50 hours for 5 days.

If your workday lasts 6 hours, you will get 30 hours over 5 days. Because 40 hours is higher than 5 days in this situation, you should get 10 more hours.

Which employees have paid sick leaves?

Employees are eligible if they worked for the same California employer for at least 30 days within a year, including full-time, per diem and part-time employees. The paid sick leave law also covers temporary and in-home supportive services workers, with few exceptions.

Another requirement is the completion of the 90-day employment period. However, some employees may get sick leaves before reaching 90 days. It depends on whether employers make the benefit available at the beginning of the year.

Exempted employees

The law exempts those working in the railroad, airline and construction industries. Cabin crew and flight deck members should get compensated time off according to the law’s minimum standards for sick leaves.

Meanwhile, construction employees need coverage via a collective bargaining agreement with specified provisions. Other exempted individuals are retired annuitants who are working for the government.

Mandated time for health matters

Some local ordinances and paid time off arrangements even provide more paid sick leaves. If you’re not getting enough, you may demand the mandated leaves for your health and well-being.