Maximizing Your Rights: Understanding LA’s Paid Sick Day Laws for Daily Financial Benefits

If you’re a worker in the city of Los Angeles, you may not be aware that you are entitled to paid sick leave under many circumstances. Using this paid time off can help you maintain your income if you or a family member are ill or need medical care. This means you won’t lose money you need to survive if you have to be off work. Here’s what you need to know about LA’s paid sick leave, which is part of the city’s MWO (Minimum Wage Ordinance).

Most Los Angeles Workers Are Entitled to Paid Sick Leave

According to the MWO and Los Angeles Municipal Code (LAMC) Sections 187 and 188, nonexempt employees 18 years old and over who perform at least two hours of work per week within the city of Los Angeles may be eligible for both the LA minimum wage and paid sick leave. This is true even if the employer is located outside the city of Los Angeles itself and/or the worker does not live in the city of LA.

As of 2017, the paid sick leave law applies to employees who work for companies of all sizes, including nonprofit organizations, whether or not they have received a minimum wage deferral. The employees must have worked at least 30 days within a year from the time they began employment. Part-time workers are eligible so long as they meet the above requirements.



Employers can give workers paid sick leave in one of two manners:

1. Front-loading method, where employees are given a total of 48 hours of paid time off at the start of the calendar year or 12-month period
2. Accrual method, where employees earn one hour of sick time for every 30 hours worked

Employees can start to use their sick leave on the 90th day of employment. While they are entitled to at least 48 hours (more than the minimum required for the state of California) over the course of a year, workers may be given more than that if the employer desires. If using the accrual method, employers are allowed to cap paid sick leave at 72 hours.

Common Questions Regarding LA’s Paid Sick Leave Laws

What can you use your sick leave for?

Your paid sick leave can be used for an illness that has cropped up suddenly, like a cold, flu, Covid, etc., or a chronic health condition. You can also use your time off for preventive care or diagnostic procedures, like if you have to have blood drawn or get an MRI.

You may use paid sick leave as well if you are the victim of domestic violence, stalking, or sexual assault.



Employees can also use their sick leave to care for a family member, including:

• Spouse
• Registered domestic partner
• Child
• Grandchild
• Parent
• Grandparent
• Sibling
• Relationship that is the equivalent of a family relationship

What are the rules about notifying an employer to take sick leave?

Employees may notify their employer in writing or orally when they need to use sick leave. For planned healthcare appointments, employees should notify their employer as soon as possible to give some advance notice.



Employees do not have to provide advance notice for unforeseeable illnesses or emergencies but should let their employer know as soon as practical when they are taking leave.

Are employees required to provide proof as to why they are taking sick leave?

Your employer can ask for documentation about why you are taking sick leave only after you have used more than three consecutive days of leave. However, the employer is only allowed to ascertain that sick leave is necessary; they are not allowed to ask about the reason for time off.



Additionally, the need for documentation should take into account the circumstances and not be so onerous that it keeps the employee from taking time they have earned. For example, if you are in the ICU after an emergency surgery, your employer may have to wait until you have recovered to get any paperwork they need. They can’t deny you sick time simply because you’re too ill to get a note from your doctor.

What about sick leave that’s left unused at the end of the 12-month period?

Unused paid sick time should be carried over to the next year. It may be capped at 72 hours, although employers can offer a higher cap or unlimited carryover if they prefer.

Are employees owed unused sick leave when they terminate their employment?

No, your employer is not required to pay you any unused sick leave if you end your employment. This includes if you quit, are fired, or elect to retire.

Can employers require workers to use other paid time off to make up the 48 hours?

If you are given other paid time off (PTO), your employer can use 24 hours of that to cover part of your paid sick leave. However, they must pay at least 24 hours of sick time and may not require you to use all 48 hours of vacation or other PTO for your sick leave.

What If You Are Not Permitted to Take Rightfully Earned Sick Leave?

Recent public health epidemics, including Covid, have put some workers in a tough spot when it comes to taking sick leave. There’s a lot of pressure to be in the office or in a public-facing job in spite of being ill. But you should know that in spite of recent “return to work” initiatives, you are still entitled to take your earned sick leave in Los Angeles if you meet the criteria described above.

Your employer may not tell you you’re not allowed to take leave merely because they believe Covid or the flu are trivial concerns. Nor may they fire you, threaten your employment, or retaliate against you if you need to use your paid sick leave to take care of yourself or a family member.

Employers in the city of Los Angeles who do not provide sick leave or include available sick leave on their employees' paycheck stubs can be fined up to $500 daily! That can add up pretty quickly. You would think employers would be wary of violating LA labor laws, but there are still some who do. 

If you have been denied sick leave you’ve rightfully earned, or if your employer is giving you a hard time about taking time off, you may need help on your side. While you can file an official complaint, you may find it faster and more personal to partner with an employment attorney like Employee Law Group.

We can help you determine if you have a case against your employer and advise you on the next steps. Sometimes, refusing to pay earned sick leave is only one employer infraction; your company may also be engaging in discrimination, for example, or in forms of wage theft, such as not paying commission or overtime.

Our firm can also represent you in court, if it comes to that, where you may be awarded back sick pay you are owed, as well as any damages associated with having been denied sick leave. Your employer may also be cited and fined for violating Los Angeles labor law.

An initial consultation with Employee Law Group is absolutely free. Call us at 310-407-7358, or reach out online with your questions.