![\"Lady](\"https:\/\/www.californialaborlaw.info\/wp-content\/uploads\/2018\/01\/Subbotina-Anna.jpg\" "\\"Photo")
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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\u2019s 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.<\/p>\n
The new law only concerns sick leave and doesn\u2019t 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.<\/p>\n
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. 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.<\/p>\n According to the statute, the employer cannot discriminate an employee in any manner or take action against the employee for:<\/u><\/em><\/p>\n Other Provisions<\/strong> 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.<\/p>\n The statute allows employees to take sick leaves if:<\/u><\/em><\/p>\n Photo Credit: Shutterstock\/Subbotina Anna<\/p>\n","protected":false},"excerpt":{"rendered":" After the paid sick leave provision came into effect in 2015, employers are required to pay their employees when they […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[994],"tags":[1013,667,303],"class_list":["post-1259","post","type-post","status-publish","format-standard","hentry","category-sick-leave-entitlement","tag-burden-of-proof","tag-paid-sick-leave","tag-sick-leave"],"acf":[],"yoast_head":"\n
\nAbout The Laws<\/strong><\/p>\n\n
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\nAdditionally, 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.<\/p>\n\n
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