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California Sick Leave: What you need to know

There is no California state law that requires private employers to provide employees with paid or unpaid sick leave, although many employers do grant it as an important employee benefit. It is important to remember, however, that if sick leave is promised, an employer may have a legal obligation to grant it. California courts have held that under certain circumstances, benefits, policies, or procedures as published in employee handbooks or in similar company media may constitute implied contracts that are binding and enforceable. Employers should regularly review policy statements made in handbooks or elsewhere to ensure that the statements accurately reflect current policies and that they comply with federal and state law. If not, these policies should be changed or modified, and employees should be formally notified of the changes.
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Any employer who offers sick leave must allow employees to use part of their accrued and available sick leave time in a calendar year to take care of a sick child, parent, spouse, domestic partner, or child of a domestic partner. Each year, employees are entitled to use the amount of sick leave they would earn in 6 months for this purpose. This law does not extend the maximum period of leave to which the employee is entitled under the California Family Rights Act (FRA) or the federal Family and Medical Leave Act (FMLA) (CA Lab. Code Sec. 233).
Employers that have absence control policies that count sick leave taken for this purpose as an absence that may lead to or result in disciplinary action are in violation of the law (CA Lab. Code Sec. 233, Sec. 234).
The California Department of Industrial Relations’ Division of Labor Standards ...

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expand-collapse sectionAll Employers
expand-collapse sectionPartial-Day Absences
expand-collapse sectionPaid Sick Leave in San Francisco
expand-collapse sectionPublic Employers
expand-collapse sectionFamily and Medical Leave
expand-collapse sectionFederal Law Considerations
expand-collapse sectionEmployer Policies

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California Sick Leave Resources

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