California Paid Sick Leave Law 2021

Under California’s Healthy Workplace Healthy Family Act (HWHFA), all employees (full-time, part-time and temporary) working in California for the same employer for at least 30 days within a year after beginning employment are eligible for paid sick leave.

Managing labor compliance at large organizations in California may lead to legal issues. Learn how organizations are leveraging Replicon’s solutions with build-in compliance module to solve California’s labor compliance needs.

california sick leave law

Following are the basic requirements included under California’s paid sick leave law for employees:

  • Employees accrue at least one hour of paid sick leave for every 30 hours worked
  • Employees who are exempt from overtime requirements accrue paid sick leave based on a 40-hour workweek
  • New employees can use accrued paid sick leave beginning on their 90th day of employment
  • Employees can determine how much paid sick leave they need to use, but employers can set reasonable minimum increments (up to two hours) for using this leave
  • Employers are not required to allow employees to accrue more than 48 hours or six days of total paid sick leave if their right to accrue and use this leave is not unlawfully limited

To know more on California paid sick leave law 2021, click here!

What Employer’s need to know on California sick leave laws?

Following is a checklist of what employers need to be compliant with new and existing sick leave requirements:

  • Provide at least 3 working days of paid sick leave for all the eligible employees for a calendar year
  • Document sick leave policies and share it with employees at the time of hire
  • Calculate, track and report every employee’s paid sick leave balance regularly. Replicon’s payroll timesheet software easily does the job of automatically calculating and reporting employee’s sick leave balance to their managers or supervisors regularly
  • Keep employees informed on how many sick leaves are available to them, either through email or by looking at Replicon’s payroll software
  • Maintain a record of leaves earned and used for a period of 3 years

Frequently Asked Questions Concerning California Paid Sick Leave Laws:

  1. How do I qualify for the paid sick leave?
    1. 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?
    1. 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?
    1. 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?
    1. All the employees working in California under the same employer for at least 30 days including part-time, temporary, per dime 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?
    1. 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?
    1. 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?
    1. Yes, you can, but the employer may limit or cap the overall leave an employee can accure between 6 days to 48 hours
  8. Do I have to notify my employer before taking my sick leave?
    1. It depends on certain scenarios. For ex: If the sick leave is planned, as may be the case with scheduled doctor’s appointment, 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 medical emergency or unanticipated illness
  9. Does my employer have to document the reason I use for applying paid sick leave?
    1. 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?
    1. 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 on other special leave policies under California’s labor laws, visit this page.

Related Topics:

For More Information on State-by-State Labor Laws

State-by-State Labor Compliance Guide

→ For More Information on State-by-State Labor Laws


State-by-State Labor Compliance Guide