Business owners and managers need to take heed of the fact that beginning on July 1, 2015 employers in the state are required to have in place a sick leave policy. The law is somewhat complicated, and failure to comply can mean fines, so if you have questions or concerns you may wish to work with Orange County business lawyers.
What Are the Eligibility Requirements for the Law?
California is only the second state to implement a sick leave law. Unlike Connecticut’s law, however, which applies only to businesses with 50 or more employees, California’s law affects all employers. Therefore, any employee who is in the employ of the company and works a minimum of 30 days in a year is eligible for paid sick leave.
Does the Employee Begin Accruing Sick Leave the Day of Hire?
Yes, but the employer is only required to allow use of accrued sick leave after the employee works 90 days for the company. The rate of accrual is one hour per 30 hours worked. If, for instance, an employee works 150 hours, he will have accrued five hours of sick time.
Does Unused Sick Leave Carry Over into the Next Year?
With certain limitations, yes. Employers are allowed to limit the number of carried over sick leave to 48 hours. They can also limit the amount of sick time an employee can take per year to three days or 24 hours. If the employee leaves the company, the employer does not have to pay them for unused sick leave. That said, your Orange County business attorneys will tell you that if you rehire an employee within a year’s time, that accrued sick leave must be reinstated.
What Reasons Qualify for Sick Leave?
Employees can take sick leave either for personal or family health matters. For instance, if a child falls ill and needs care, the parent employee may use accrued sick leave to care for him or her. Other qualifying reasons for taking sick leave include being a victim of sexual assault, stalking, or domestic violence.
If You Have Any Questions or Need Legal Assistance
As an employer, you need to display a poster from the California Labor Commissioner in a conspicuous location. Moreover, you need to provide employees with some sort of notification on a regular basis of how much sick time they have accrued. If you have any questions, or a legal issue is raised for which you need help, call the Orange County business attorneys at Daily Aljian, LLP.