Question 1

Who is eligible for paid sick leave in California?

Accepted Answer

Under California state law, if you have 30 or more days of employment in a calendar year, you are likely eligible for paid sick leave (PSL). PSL is available whether you work full-time, part-time, or temporarily. There may be some restrictions if: You work for the city, state, or U.S. government, you are subject to a collective bargaining agreement, you are an in-home supportive service provider, or you work for an air carrier.

Question 2

How much paid sick leave can I take?

Accepted Answer

At a minimum, California law requires that full-time employees get 24 hours (or 3 days) of paid sick leave time per 12-month period. You earn a minimum of 1 hour of paid sick leave for every 30 hours worked. Note that certain California cities have sick leave ordinances that provide greater PSL benefits than state law requires.

Question 3

How many sick days do I get if I work part time in California?

Accepted Answer

Employers must give part-time employees at least one hour of paid sick leave for every 30 hours worked. You start accruing paid sick leave from your first day of work.

Question 4

Is there a waiting period for sick leave in California?

Accepted Answer

California law requires companies to allow you to take PSL no later than your 90th day of work. PSL can also carry over to the next year if you do not use your time. Though employers can cap the total accrued paid sick leave at 48 hours (or 6 days). Plus employers can require that you take no more than 24 hours (or 3 days) of PSL per year.

Question 5

How much do I get paid while out on paid sick leave?

Accepted Answer

If you are on paid sick leave in California, you receive your regular rate of pay.

Question 6

Can my employer provide different rules?

Accepted Answer

An employer's paid sick leave requirements and policies must match California's minimum requirements or provide a more generous amount of leave. Many employers elect to front load PSL so you do not have to earn sick leave before taking it. Note that old plans are grandfathered in if your employer had a paid time off (PTO) plan that you could use for PSL if that plan provided at least as many paid sick days as required by current law.

Question 7

What happens when my paid sick leave runs out?

Accepted Answer

California companies do not have to pay you if you still need time off from work or telework after your PSL has run out. Though if you take unpaid sick leave, you may still be protected from losing your job under California and federal leave laws like CFRA and FMLA. Leave laws provide job protection for you (if eligible) when you take time off to care for a family member, because of an illness, or other covered leave reason. This means that you can return to the same or a substantially similar job when coming back from leave. Your employer cannot fire, threaten, or retaliate against you.

Question 8

Do I get paid for unused PSL if I quit or get fired?

Accepted Answer

Your employer does not have to pay you for unused PSL (as they would for unused vacation time) if you are fired or quit. Learn more about vacation pay laws in California.

Question 9

What qualifies as sick leave in California?

Accepted Answer

You may take paid sick leave to care not just for yourself but also for a: child, stepchild, foster child, or adopted child; spouse or registered domestic partner; parent; sibling; grandchild; grandparent; or designated person. You may also use PSL to care for yourself or a family member in seeking a diagnosis, care, or treatment of an existing health condition, or for preventive care. In addition, if you are a victim of domestic violence, sexual assault, or stalking, you can use PSL to seek either: Relief for you or your child, including a restraining order; medical attention for related injuries; services from a domestic violence shelter or rape crisis center; psychological counseling; or safety planning against future domestic violence, sexual assault, or stalking.

Question 10

Can employers deny sick days?

Accepted Answer

No. The California Labor Code states: 'An employer shall not deny an employee the right to use accrued sick days, discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using accrued sick days, attempting to exercise the right to use accrued sick days, filing a complaint with the department or alleging a violation of this article, cooperating in an investigation or prosecution of an alleged violation of this article, or opposing any policy or practice or act that is prohibited by this article.' Your employer also cannot require you to find a replacement as a condition to take PSL.

Question 11

Can I sue my employer?

Accepted Answer

You can file a civil lawsuit if your employer fails to provide the required PSL time, fails to pay you during your accrued PSL, or otherwise violates sick leave policies. Employers may also not retaliate against you for taking valid leave, cooperating in a labor violation investigation, or complaining about labor violations.

Question 12

What are the damages if my employer fired me?

Accepted Answer

You can seek money damages and equitable relief, including reinstatement. Damages in a labor law case may include: back pay; payment for withheld sick days; administrative penalties; three times the liquidated damages for wrongfully withheld sick days (up to a maximum of $4,000); interest on back pay; and reasonable attorney's fees and costs. If there are multiple employees being underpaid or retaliated against, you all may be able to bring a class action lawsuit against the employer.

1. ¿Quién es elegible para la licencia por enfermedad pagada en California?

2. ¿Cuánta licencia por enfermedad pagada puedo tomar?

2.1. ¿Cuántos días de enfermedad recibo si trabajo a tiempo parcial en California?

2.2. ¿Hay un período de espera para la licencia por enfermedad en California?

2.3. ¿Cuánto me pagan mientras estoy de licencia por enfermedad pagada?

2.4. ¿Puede mi empleador establecer reglas diferentes?

2.5. ¿Qué sucede cuando se me acaba la licencia por enfermedad pagada?

2.6. ¿Me pagan por la licencia por enfermedad no utilizada si renuncio o me despiden?

3. ¿Qué se considera licencia por enfermedad en California?

4. ¿Pueden los empleadores negar días por enfermedad?

5. ¿Puedo demandar a mi empleador?

5.1. ¿Cuáles son los daños si mi empleador me despidió?

Recursos adicionales

Referencias legales:

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