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.

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There are many questions you may be asking yourself about sick leave entitlement. There are rights you are entitled to as well as your employer when it comes to sick leave. It is better for you to understand what the law states for you to avoid trouble:

1. Is my employer required to give me sick leave?

There are no general requirements which the law put in place for your employer to give you a sick leave. However, the employer can offer you some time off so that you can seek treatment. The time off will not be paid for.

2. Is my employer required to pay me for sick leave?

There is no federal law which requires employers to give paid sick leaves. However, there are some states which have laws which require employers to give employees paid sick leave. If an employer will give sick leave payment, then the law requires him to take necessary actions and ensure the paid sick leave is used accordingly.

3. Are there laws in my state about paid sick leave which I should know?

Few states and local authorities allow sick leave payment. You will be required to confirm with your state first to be sure.

4. Does the law require that I be paid for unused accrued sick time when I leave my job?

If it is allowed under collective bargain agreement or employment contract, you can claim for it. Some employers can pay an incentive, but normally it is not paid for like the case of accrued vacation time.

5. Who can take leave under the Family and Medical Leave Act?

The family and medical leave act allow employees who work within a radius of 75miles and are more than 50 in their workplace to take child or adoption leave. Other conditions where an employee can be offered a leave include serious health complication of family members.

6. Who can take leave as a reasonable accommodation for their disability?

An employee can have policies concerning sick leave which will apply to all employees. The employee who will be on leave will not be paid. The employee can as well adjust the policy to suit the needs of individual employees with certain isolated cases.

7. Is my employer required by law to offer pregnancy leave?

The employer is required to treat such leave as temporal disability leave. You will be offered a leave just like the way you will be offered after minor surgery, injury or any minor disability.

Photo Credit: Shutterstock/Subbotina Anna

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