Sometime back the state of California introduced a new law to promote healthy workplaces by increasing sick leave time. According to this law, the employer needs to give at least 1 hour of paid leave in sickness against 30 hours of work.

That means if an employee works 8 hours a day, five days in a week, then he is entitled to get minimum 11 days of sick leave with pay. Although it is a simple calculation, people have various doubts in their mind about sick leave in California, and this article may give you the better understanding of it.

Qualification for the Program
Many people work as temporary or part-time employees at various business places, and they wonder if they qualify for this new leave policy or not. It does not matter if you work part time, or you are a temporary employee, if you work 30 days or more in a year, then you are entitled to this leave. However, few some specific cases are there, when this rule does not work as it is.
Paid Leave Uses Criteria 
When we talk about paid sick leaves, then mostly it covers only the sickness of employees. However, that’s not the situation with the amendment in the sick leave policy. With the new addition, the employee can take sick leave for taking care of a family member such as their child, partner, or elderly in the family.

Also, if you have someone in the military and that person is at home due to sickness, then you can also take sick leave to take care of them.
Process of Applying for Sick Leave 
If you want to take a paid sick leave, then you don’t have to submit a doctor’s note. You can ask for the leave on a verbal or written application, and you should get the time off from the employer.

However, you must need to give notice for it as soon as you know about it. Also in some cases, you may need to submit some certifications I case your employer asks for it, so be sure to comply with the law.

Here you must understand that your employer needs to maintain the record of all the leaves that you take under sick leave policy. So, when you apply for sick leave in California, make sure you do not try to misuse these law for your own benefit as it can create complications for you in the future.

So, if you are confused about new sick leave rules, then remember these details, and you will have a better understanding in the future.

Photo Credit: Shutterstock/Subbotina Anna

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After the paid sick leave provision came into effect in 2015, employers are required to pay their employees when they take a sick leave. An organization’s paid leave policy may continue without alteration if they provide more or equal sick days and benefits under the same conditions to employees, as compared to law specifications.

The new law only concerns sick leave and doesn’t include leaves taken for other purposes. The law states that the rate of pay for sick leaves should be equal to the regular rate of pay. This can be determined by calculating the regular rate of the workweek in which the leave was taken or through taking a 90-day average.

It is not required to include overtime pay while deciding the rate of sick leave pay and employers can also use their own paid sick leave policies as long as it adheres to the laws.
About The Laws

According to the paid sick leave laws, an employee can take paid sick leave for certain purposes. If the employee has accumulated sick leaves which are available, then the employer is not permitted to deny the leave application.

According to the statute, the employer cannot discriminate an employee in any manner or take action against the employee for:

1. Applying for and/or using the accrued sick leaves

2. Alleging or filing a complaint about the article’s violation

3. Being cooperative towards investigation and prosecution for alleged violation or opposition of any practice, policy or act that is prohibited in the article.

Other Provisions
Additionally, section 233 of the Labor Code states that the employer must allow usage of sick leaves which have accumulated in the last 6 months for purposes given under the law concerning paid sick leaves.

As per the section 234 of Labor Code, any employer policy which takes sick leaves pursuing Section 233 into consideration, for controlling absences and/or to discipline employees in any way can result in legal actions for violating Section 233. However, if an employee has utilized all their sick leaves or if they take a sick leave for a different purpose than the ones mentioned, the employer is eligible to take disciplinary action.

The statute allows employees to take sick leaves if:

1. The employee or their family member requires to be diagnosed, cared for, treated for any existing health condition or needs preventive care.

2. The employee is a victim of either sexual assault, stalking or domestic violence then they may take leave for any of the purposes given in Section 230 subdivision (c) and Section 230.1 subdivision (a).

Photo Credit: Shutterstock/Subbotina Anna

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