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California Paid Sick Leave Law 2023

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California Paid Sick Leave Law

Supplemental Paid Sick Leave for Covid-19 (Revised for 2023)

In addition to PSL, SPSL was introduced for employees having symptoms of Covid-19. It came into effect in 2021 but expired on December 31, 2022. However, as per the new guidelines, employees using SPSL as of December 31 can continue to take the leave even if the entitlement is extended past December 31, 2023. For instance, if an employee has covid-19 symptoms and is recommended to isolate on December 29, 2022, in that case, he can still continue to utilize the SPSL if the isolation is extended into January 2023.

In addition, employees who were not paid SPSL from their employers when they were not able to work due to covid-19 can request payment from their employer, from January 1, 2023 onwards.

Frequently Asked Questions Concerning California Paid Sick Leave Laws:

1. How do I qualify for paid sick leave?

To qualify for the paid sick leave, an employee must meet the following requirements:

  • Work for the same employer for at least 30 days within a year in California
  • Must complete a 90-day employment period, similar to probationary period before taking any sick leaves

2. Can I apply for sick leave if I work for less than 30 days in California within a year?

If you work for less than 30 days for the same employer in California within a year, then you are not entitled to apply for paid sick leave under this new law.

3. Can I apply for sick leave if I work for more than 30 days but less than 90 days for the same employer within a year?

If you work for less than 90 days for an employer, then you are not entitled to paid sick leave as the 90-day calendar period works like a probationary period.

4. Can all the employees who work in California apply for paid sick leave under the new law?

All employees working in California under the same employer for at least 30 days, including part-time, temporary, and per diem employees are covered under this new law with some specific exceptions. Employees exempted from this paid sick leave law are:

  • Employees covered under collective bargaining agreements with specified provisions
  • Retired employees working for governmental entities
  • Individuals employed by an air carrier as a cabin crew member or flight deck, if they receive compensated time off at least equivalent to the new law are exempted for applying for paid sick leave

5. How is the calendar year measured?

The measurement of the calendar year will be mostly tracked by the employee’s anniversary date.

6. Can my employer provide advance paid sick leave to me prior to my accrual of sufficient paid leave or prior to meeting the 90-day employment requirement?

Yes, under mutual agreement, the employer can provide advance paid sick leave to an employee before it is accrued, but there is no requirement for any employer to do so under this new law.

7. Under the accrual method, is it possible for me to carry over unused sick leave from one year to the other?

Yes, you can, but the employer may limit or cap the overall leave an employee can accrue between 6 days to 48 hours.

8. Do I have to notify my employer before taking my sick leave?

It depends on certain scenarios. For example: if the sick leave is planned, as may be the case with scheduled doctor’s appointments, then the employee must notify the employer in advance. If the need is unforeseeable, then the employee can inform the employer as soon as practical, as may occur in the case of a medical emergency or unanticipated illness.

9. Does my employer have to document the reason I use for applying paid sick leave?

No, the law states that an employer is not obligated to inquire or record the reasons for which an employee uses paid sick leave or paid time off

10. How does the new law fit in local sick leave ordinances?

The employer must comply with both local and California laws if employees are subject to local sick leave ordinances. In such cases, the employer must provide the provision or benefit that is most generous to the employee.

To know more about other special leave policies under California’s labor laws, visit this page.

Disclaimer: The material provided above is for informational purposes only and is subject to change. We endeavor to keep all material up-to-date and correct but make no representations about the information's completeness, accuracy, or reliability. Laws vary by jurisdiction and are subject to change and interpretation based on individual factors that may differ between organizations. The material is not meant to constitute legal advice and we suggest you seek the advice of legal counsel in connection with any of the information presented.
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Shreya Bhattacharya

ABOUT THE AUTHOR

Shreya Bhattacharya

A labor and employment lawyer at Replicon who specializes in global compliance. Deltek | Replicon provides award-winning products that make it easy to manage your workforce. Deltek | Replicon is an industry leader in global compliance and has a dedicated team which pro-actively monitors international labor regulations for ensuring proper adherence with specific country rule requirements.

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