WORKPLACE LAW -
Sick Leave
Question:
I started a new job 2 months ago, and just found out my employer does not provide paid sick leave. This company has over 25 employees, and I just can’t believe there is not a law that requires employers to provide sick leave. Do employers have to give paid sick leave, or is my employer’s practice illegal?
Answer:
Under current California law, employers do not have to provide paid sick leave to their employees. There are two bills pending that may change the law.
In California, AB 2716 would provide that an employee who works in California for 7 or more days in a calendar year is entitled to paid sick days. Employees would accrue paid sick leave at a rate of no less than one hour of paid sick time for every 30 hours worked. Workers at firms with no more than 10 employees could accrue as many as five days of paid sick leave per year, while workers at larger companies could accumulate as many as nine paid sick days. The bill would allow use of paid sick days for diagnosis, care, or treatment of health conditions of the employee or an employee's family member, or for leave related to domestic violence or sexual assault. This bill is currently pending in the State Assembly.
It is estimated that approximately six million California workers -- 42% of the work force -- do not have paid sick leave. Most of these workers are employees in the food service/restaurant business. The California Legislature states that providing workers time off to attend to their own health care and the health care of family members will ensure a healthier and more productive workforce in California. Further, the Legislature states that paid sick days will have a positive impact on the public health of Californians by allowing sick workers paid time off to care for themselves when ill, thus lessening their recovery time and reducing the likelihood of spreading illness to other members of the workforce. Opponents of the bill state that the cost of mandatory sick leave will be onerous, and will adversely affect the economy.
On the federal level, the Healthy Families Act (S. 910) was introduced to Congress and is currently pending. In general, this bill would require employers with 15 or more employees to provide at least 7 paid sick days per year to employees who work 30 or more hours a week, and would provide prorated paid sick leave for employees who work less than 30 hours per week.
- Who is eligible for paid sick leave? Full time or part time employees, or both?
- When does an eligible employee start accruing sick leave- upon hire or at some later date?
- How much sick leave is accrued, and how is it accrued?Some employers deposit a certain number of days in the employee’s sick leave bank at the start of the year or anniversary date. Others specify that sick leave accrues incrementally each pay period.
- What restrictions are there on the use of sick leave?
- Will the employer require a note from the health care provider to verify illness, injury, or medical appointments, or to return to work?
- What are the requirements for providing notice of the need for sick leave? Who should the employee call?
- Can the employee “cash out” unused sick leave? Will the employee’s accrued sick leave be paid out when the employee separates from the company?
- Will the employer advance sick leave? Will unused sick leave carry over from year to year?
Employers should be aware that, by law, employees can use one-half (½) of their annual sick leave accrual to attend to the illness or injury of a child, spouse, parent, registered domestic partner, or child of a registered domestic partner.
For now, your employer is complying with the law, because it is not required to provide paid sick leave for you. That may change soon, if either the California or federal legislation mandating paid sick leave passes.
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