This is known as the accrual method of calculating sick leave. Using this process, employers are permitted to cap accrued paid sick leave at 48 hours and to cap lump sum paid sick leave within a 12-month period at three days or 24 hours (whichever is greater).

This is changing with the new California Senate Bill (SB) 616. The new law, which grants workers more sick days, begins on the first of January next year.

Changes to the California Sick Leave Law for 2024

Thanks to SB 616, employers in the state of California are now required to give five days or 40 hours of sick leave, whichever is greater, to workers.

If employers use the accrual method described above, they must raise the cap to at least 80 hours or 10 days, whichever gives the greater amount of sick time.

There are a few other elements to the law. First, paid sick leave must be paid at the employee’s regular pay rate, not their base pay, which often differs, with the regular pay rate being higher. If you make bonuses, shift differentials, or similar payments in addition to your base pay rate, the extra money must be factored into the calculations for your regular pay rate.

Also, there are places in California where local laws already mandate more paid sick leave than the new state laws dictate. In those locations, employers must pay the higher amount. If a worker is remote or has a hybrid work schedule, the employer must pay the sick leave rate for where the employee lives, not the rate for where the company is headquartered or where the worksite is located.

As of now, seven places in California have their own sick leave policies that offer more time and supersede the state law:

• Oakland
• San Francisco
• Berkeley
• Santa Monica
• Emeryville
• Los Angeles
• San Diego
  
  

So, if you work from home — even part time — in one of those cities, your employer must pay you the sick leave rate determined by your location, not the state rate.

Additional Leave for Reproductive Loss

There is additional leave available starting in 2024 that is related to sick leave, and it’s required for companies that have five or more employees. This is leave for someone who has suffered a “reproductive loss event,” such as a:

• Failed adoption
• Failed surrogacy
• Miscarriage
• Stillbirth
• Unsuccessful assisted reproduction attempt

If you have been employed for at least 30 days, you are entitled to up to five days off, according to Senate Bill 848. You are allowed to take your time all at once or break it up into a day or two here and there.

If your company doesn’t have a specific leave policy for this type of need, you may have to take the leave unpaid. However, you can use other time you’ve earned to pay for your reproductive loss event leave, such as accumulated vacation or sick time.

Your employer is required to keep your confidentiality about the leave, not telling anyone else why you’re off work. Furthermore, they’re not allowed to retaliate or discriminate against you because of taking this leave or because of the loss that caused you to take it.

For example, if you take a reproductive loss event leave — or any other kind of sick leave you’re entitled to — your employer cannot deny you a promotion, give you bad work shifts, or withhold rightfully earned commission payments because of it. This would be considered discriminatory or retaliatory behavior, and it’s against the law in California. Likewise, they can’t terminate your employment for taking allowed leave, as this is wrongful termination and also unlawful.

Are You Being Denied Legal Paid Sick Leave or Other Workplace Rights?

Unfortunately, in spite of California’s assertive protection of workers with recent legislation, employers continue to violate many aspects of labor law. If you are not allowed to take paid sick leave or have been denied other rights, an employment attorney can help you. An employment lawyer is often a last resort when an employee has tried to work things out on their own but hasn’t made headway with a manager, owner, or HR.

At Employee Law Group, we assist workers in the Los Angeles area with cases involving:

• Harassment
• Discrimination
• Retaliation
• Wage theft
• Unpaid commission
• Wrongful termination
• Break/rest violations

We also help with employment contracts and severance agreements. Our team can review documents before you sign to ensure your rights as an employee in California are being upheld.

If your employer has committed a violation of California law, we can help you file an official complaint or represent you in court should you decide to pursue a lawsuit. We can also advise you about how to document your case and what to do in case you think you might lose your job soon.

At Employee Law Group, we have a great track record of helping employees recover money they are owed. In some instances, we have also been helpful in getting workers’ jobs back or making certain they are not given bad references when leaving a hostile employer.

Your first step is to determine if you have a case. We do that through an initial consultation, which at Employee Law Group is absolutely free.

To schedule a meeting with us, call 310-407-7358. Or get in touch online at your convenience to let us know how we can help.