year and the beginning of the next year. Finally, employers have the option of avoiding calculating accrual and carry over by frontloading the amount of sick leave that can be used at the beginning of each year to 24 hours or three days. Compensated? hourly wage. For situations involving varying pay rates, such as different hourly pay, commission or piece rate compensation or for non-exempt salaried employees, the employer must divide the employee's total wages (excluding overtime) by the employee's total hours worked in the full pay periods for the prior 90 days of employment to determine the appropriate "hourly wage" for the employee's paid sick leave. Sick leave must be paid by the payday for the next regular payroll period after the sick leave was taken. Utilized? paid sick days beginning on the 90th day of employment, after which they may use paid sick days as they are accrued. Employers have discretion to lend paid sick days in advance of accrual. Employers may not require employees to locate a replacement worker to cover the dates on which the employee uses paid sick days. Employees are entitled to use paid sick time for preventative care for themselves or a family member, as well as for the diagnosis, care or treatment of their or their family member's existing health condition. Employers must also permit employees to use paid sick days if they are victims of domestic violence, sexual assault or stalking. by Employees Does the Law Require? employers with "reasonable" advance notice if the need for paid sick leave is employees must provide notice as soon as practicable. Retention Obligations Does the Employer Have? the time of hire, whichever is later, employers are required to provide written information to the employee about the right to accrue and use paid sick leave, the right to be free from retaliation, and the right to file a complaint with the Labor Commissioner. Employers are also required to display in a conspicuous space in each workplace a poster notifying employees of their paid sick leave rights. Employers are required to provide employees with written information identifying the amount of paid sick leave they currently have available, or paid time off they currently have available if an employer provides paid time off in lieu of sick leave, on either the employee's itemized wage statement pursuant to requirements of Labor Code Section 226, or in a separate writing provided on each designated pay date to accompany the employee's payment of wages. Finally, employers are required to retain, for at least three years, records documenting hours worked, paid sick days accrued, and paid sick days used by each employee. of Retaliatory Actions by the Employer? retaliation claims against their employers for any sick leave violation either with the Labor Commissioner or in a court of law. The Labor Commissioner may enforce violations of this new law by awarding reinstatement, back pay, and payment of sick days unlawfully withheld, plus the payment of an additional sum in the form of an administrative penalty, to an employee whose rights were violated. In order to encourage reporting of violations, employees or other persons Labor Commissioner and the Labor Commissioner may keep the reporting employee's identifying information confidential. Finally, employers are advised that this new law establishes "minimum" requirements for sick days and does not preempt, limit or otherwise affect the applicability of any other law or ordinance that provides greater accrual of use of paid sick days. California employers must already consider slightly different variations in San Francisco, San Diego and Long Beach. to Employers? and/or PTO policies and procedures to ensure they are compliant with the new law. contracts with employees to ensure they are compliant with the new law. compliance with this new law if this benefit hasn't been offered previously. website for updated template notices to employees and workplace posters. benefits systems properly calculate, track and detail accrued and used sick time. include the amount of paid sick leave available to the employee. used, ensure that they are complying with the new law's requirements. on requirements of the new law. which may be applicable to your places of business to ensure that the greatest benefits are afforded to affected workers. |