Paid Sick Time Off Attorneys for Los Angeles, Orange, Riverside, San Bernardino, and Ventura

Are Employees in California Supposed to Get Paid Sick Time Off?

Yes, employees in California are entitled to paid sick time off. Pursuant to California’s Paid Sick Time Off law which was updated on January 1, 2024, employers are required to provide a minimum of 5 days or 40 hours of paid sick leave to their employees each year. This applies to most workers, including full-time, part-time, and temporary employees.  The new law represents an increase from the previous entitlement of three days or 24 hours of paid sick leave.  However, there are exceptions to these requirements, and the law may not apply equally in every situation.  For this reason, it is important for employers to consult an experienced wage and hour attorney regarding their rights and obligations.  You are welcomed to contact the Akopyan Law Firm A.P.C. to discuss your specific case.

Why Do Some Employers Deny Paid Sick Time Off in California if it is the Law?

While the law in California mandates that employers provide paid sick leave, there are several reasons why some employers may sometimes fail to do so:

  1. Misunderstanding or lack of knowledge about the law: Some employers might not be fully aware of the requirements under the California paid sick leave law and may mistakenly think they are not obligated to provide paid sick leave.
  2. Employment Status: The law applies to most workers, including full-time, part-time, and temporary employees. However, certain categories of workers may not be covered.
  3. Avoidance of Costs: Providing paid sick leave can be a significant expense for businesses, especially small ones. Some employers may choose not to comply with the law to avoid these costs.
  4. 90-Day Employment Period: Employees can begin taking paid sick leave after working for an employer for 90 days. Some employers might not grant paid sick leave if the employee has not yet completed this period.
  5. Combined Policies: An employer may satisfy its obligations through a “combined” sick time/PTO (Paid Time Off) policy, provided the policy complies with the minimum requirements. This might give the impression that an employer is not providing specific paid sick leave when, in fact, they are combining it with other types of leave.

Remember that failing to provide paid sick leave where it’s due can lead to penalties for employers. If you believe your rights have been violated, you should seek legal counsel.

Why Should I Seek Legal Counsel if My Employer is Not Granting Paid Sick Time Off?

Employees in Southern California, including Los Angeles, Orange, Riverside, San Bernardino, and Ventura are welcomed to Contact the Akopyan Law Firm A.P.C. if their rights have been violated. Seeking legal counsel for issues related to paid sick time off can be helpful for a variety of reasons:

  1. Understanding Your Rights: Labor laws can be complex and difficult to understand. A lawyer who specializes in employment law can help you understand your rights and obligations under the law. We focus on employment law and have substantial experience dealing with wage hour violations.
  2. Identifying Violations: If your employer is not providing paid sick leave as required by law, a lawyer can help identify these violations and recommend the best course of action.
  3. Pursuing Legal Remedies: If your rights have been violated, a lawyer can help you pursue remedies such as filing a complaint with the appropriate government agency, seeking back pay for unpaid sick leave, or even bringing a lawsuit against your employer.
  4. Negotiating with Your Employer: If there is a dispute over paid sick leave, a lawyer can negotiate on your behalf with your employer or their legal representation.
  5. Retaliation: It is illegal for employers to retaliate against employees who assert their rights, including their right to paid sick leave. If you’re experiencing retaliation, a lawyer can provide advice and assistance.

Remember, it is essential to consult with an attorney to fully understand your rights and the legal options available to you. Akopyan Law Firm A.P.C. offers a complimentary case evaluation. We are here to help.

Akopyan Law Firm A.P.C. Protects Employee’s Rights

Legal representation is crucial to safeguard your rights, particularly when you’re dealing with issues like violation of paid sick time off by employers. Akopyan Law Firm A.P.C. serves clients across Southern California – including Los Angeles, Orange, Riverside, San Bernardino, and Ventura – to ensure employees get the protection they are entitled to.

What sets us apart is our experience and our commitment to personal service; when you call for a consultation, you will get one from a lawyer and not some case intake specialist. You’ll be able to speak directly with an attorney. This ensures you get to the right person that can properly answer your questions.

If you are facing issues related to paid sick time off in Southern California, don’t hesitate to reach out. Akopyan Law Firm A.P.C. offers complimentary case evaluations and may offer you contingency fee services. We are here to ensure your rights under the law and are ready to help.

Frequently Asked Questions About Paid Sick Time Off in Los Angeles, Orange, Riverside, San Bernardino, and Ventura

What is California’s Paid Sick Time Law and when did it go into effect?

California’s Paid Sick Time Law, officially known as SB 616, went into effect on January 1, 2024. Under this law, employees are entitled to a minimum of 5 days or 40 hours of paid sick leave each year.

How do I know if I am eligible for paid sick leave? 

Eligibility for paid sick leave under this law is fairly broad. If you are an employee who works in California for 30 or more days within a year, you are eligible. This includes full-time, part-time, and temporary employees.

My job requires me to travel a lot and I may not work in California for 30 days within a year, am I eligible for paid sick leave?

If your job requires you to travel and you do not work in California for at least 30 days within a year, you may not be eligible for this benefit under the California law. However, other states may have their own sick leave laws that could apply.

What if I only work part-time, am I still eligible for paid sick leave?

Part-time workers are also eligible for paid sick leave. The law requires that covered employees accrue at least one hour of sick leave for every 30 hours worked. So even if you work fewer hours, you are still accumulating sick leave.

How much paid sick leave must my employer provide me?

Your employer must provide you with at least 5 days or 40 hours of paid sick leave per year. An increase from the previous requirement of 24 hours or 3 days. The law also allows employers to cap an employee’s total sick leave accrual at 48 hours or six days at any one time.

Please note that while the law sets the minimum requirements, employers can choose to offer more generous sick leave policies.

California Labor Code Section 246

(a)(1) An employee who, on or after July 1, 2015, works in California for the same employer for 30 or more days within a year from the commencement of employment is entitled to paid sick days as specified in this section. For an individual provider of waiver personal care services under Section 14132.97 of the Welfare and Institutions Code who also provides in-home supportive services in an applicable month, eligibility shall be determined based on the aggregate number of monthly hours worked between in-home supportive services and waiver personal care services pursuant to subdivision (d) of Section 14132.971.

(2) On and after July 1, 2018, a provider of in-home supportive services under Section 14132.95, 14132.952, or 14132.956 of, or Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, the Welfare and Institutions Code, who works in California for 30 or more days within a year from the commencement of employment is entitled to paid sick days as specified in subdivision (e) and subject to the rate of accrual in paragraph (1) of subdivision (b). For an individual provider of waiver personal care services under Section 14132.97 of the Welfare and Institutions Code, entitlement to paid sick days begins on July 1, 2019.

(b)(1) An employee shall accrue paid sick days at the rate of not less than one hour per every 30 hours worked, beginning at the commencement of employment or the operative date of this article, whichever is later, subject to the use and accrual limitations set forth in this section.

(2) An employee who is exempt from overtime requirements as an administrative, executive, or professional employee under a wage order of the Industrial Welfare Commission is deemed to work 40 hours per workweek for the purposes of this section, unless the employee’s normal workweek is less than 40 hours, in which case the employee shall accrue paid sick days based upon that normal workweek.

(3) An employer may use a different accrual method, other than providing one hour per every 30 hours worked, provided that the accrual is on a regular basis so that an employee has no less than 24 hours of accrued sick leave or paid time off by the 120th calendar day of employment or each calendar year, or in each 12-month period, and no less than 40 hours of accrued sick leave or paid time off by the 200th calendar day of employment or each calendar year, or in each 12-month period.

(4) An employer may satisfy the accrual requirements of this section by providing not less than 24 hours or 3 days of paid sick leave that is available to the employee to use by the completion of the employee’s 120th calendar day of employment, and no less than 40 hours or 5 days of paid sick leave that is available to the employee to use by the completion of the employee’s 200th calendar day of employment.

(c) An employee shall be entitled to use accrued paid sick days beginning on the 90th day of employment, after which day the employee may use paid sick days as they are accrued.

(d) Accrued paid sick days shall carry over to the following year of employment. However, an employer may limit an employee’s use of accrued paid sick days to 40 hours or five days in each year of employment, calendar year, or 12-month period. This section shall be satisfied and no accrual or carryover is required if the full amount of leave is received at the beginning of each year of employment, calendar year, or 12-month period. The term “full amount of leave” means five days or 40 hours.

(e) For a provider of in-home supportive services under Section 14132.95, 14132.952, or 14132.956 of, or Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, and an individual provider of waiver personal care services under Section 14132.97 of, the Welfare and Institutions Code, the term “full amount of leave” is defined as follows:

(1) Eight hours or one day in each year of employment, calendar year, or 12-month period beginning July 1, 2018.

(2) Sixteen hours or two days in each year of employment, calendar year, or 12-month period beginning when the minimum wage, as set forth in paragraph (1) of subdivision (b) of Section 1182.12 and accounting for any years postponed under subparagraph (D) of paragraph (3) of subdivision (d) of Section 1182.12, has reached thirteen dollars ($13) per hour.

(3) Twenty-four hours or three days in each year of employment, calendar year, or 12-month period beginning when the minimum wage, as set forth in paragraph (1) of subdivision (b) of Section 1182.12 and accounting for any years postponed under subparagraph (D) of paragraph (3) of subdivision (d) of Section 1182.12, has reached fifteen dollars ($15) per hour.

(4) Forty hours or five days in each year of employment, calendar year, or 12-month period beginning January 1, 2024.

(f) An employer is not required to provide additional paid sick days pursuant to this section if the employer has a paid leave policy or paid time off policy, the employer makes available an amount of leave applicable to employees that may be used for the same purposes and under the same conditions as specified in this section, and the policy satisfies one of the following:

(1) Satisfies the accrual, carryover, and use requirements of this section.

(2) Provided paid sick leave or paid time off to a class of employees before January 1, 2015, pursuant to a sick leave policy or paid time off policy that used an accrual method different than providing one hour per 30 hours worked, provided that the accrual is on a regular basis so that an employee, including an employee hired into that class after January 1, 2015, has no less than one day or eight hours of accrued sick leave or paid time off within three months of employment of each calendar year, or each 12-month period, and the employee was eligible to earn at least five days or 40 hours of sick leave or paid time off within six months of employment. If an employer modifies the accrual method used in the policy it had in place prior to January 1, 2015, the employer shall comply with any accrual method set forth in subdivision (b) or provide the full amount of leave at the beginning of each year of employment, calendar year, or 12-month period. This section does not prohibit the employer from increasing the accrual amount or rate for a class of employees covered by this subdivision.

(3) Notwithstanding any other law, sick leave benefits provided pursuant to the provisions of Sections 19859 to 19868.3, inclusive, of the Government Code, or annual leave benefits provided pursuant to the provisions of Sections 19858.3 to 19858.7, inclusive, of the Government Code, or by provisions of a memorandum of understanding reached pursuant to Section 3517.5 that incorporate or supersede provisions of Section 19859 to 19868.3, inclusive, or Sections 19858.3 to 19858.7, inclusive, of the Government Code, meet the requirements of this section.

(g)(1) Except as specified in paragraph (2), an employer is not required to provide compensation to an employee for accrued, unused paid sick days upon termination, resignation, retirement, or other separation from employment.

(2) If an employee separates from an employer and is rehired by the employer within one year from the date of separation, previously accrued and unused paid sick days shall be reinstated. The employee shall be entitled to use those previously accrued and unused paid sick days and to accrue additional paid sick days upon rehiring, subject to the use and accrual limitations set forth in this section. An employer is not required to reinstate accrued paid time off to an employee that was paid out at the time of termination, resignation, or separation of employment.

(h) An employer may lend paid sick days to an employee in advance of accrual, at the employer’s discretion and with proper documentation.

(i) An employer shall provide an employee with written notice that sets forth the amount of paid sick leave available, or paid time off leave an employer provides in lieu of sick leave, for use on either the employee’s itemized wage statement described in Section 226 or in a separate writing provided on the designated pay date with the employee’s payment of wages. If an employer provides unlimited paid sick leave or unlimited paid time off to an employee, the employer may satisfy this section by indicating on the notice or the employee’s itemized wage statement “unlimited.” The penalties described in this article for a violation of this subdivision shall be in lieu of the penalties for a violation of Section 226. This subdivision shall apply to employers covered by Wage Order 11 or 12 of the Industrial Welfare Commission only on and after January 21, 2016.

(j) An employer has no obligation under this section to allow an employee’s total accrual of paid sick leave to exceed 80 hours or 10 days, provided that an employee’s rights to accrue and use paid sick leave are not limited other than as allowed under this section.

(k) An employee may determine how much paid sick leave they need to use, provided that an employer may set a reasonable minimum increment, not to exceed two hours, for the use of paid sick leave.

(l) For the purposes of this section, an employer shall calculate paid sick leave using any of the following calculations:

(1) Paid sick time for nonexempt employees shall be calculated in the same manner as the regular rate of pay for the workweek in which the employee uses paid sick time, whether or not the employee actually works overtime in that workweek.

(2) Paid sick time for nonexempt employees shall be calculated by dividing the employee’s total wages, not including overtime premium pay, by the employee’s total hours worked in the full pay periods of the prior 90 days of employment.

(3) Paid sick time for exempt employees shall be calculated in the same manner as the employer calculates wages for other forms of paid leave time.

(m) If the need for paid sick leave is foreseeable, the employee shall provide reasonable advance notification. If the need for paid sick leave is unforeseeable, the employee shall provide notice of the need for the leave as soon as practicable.

(n) An employer shall provide payment for sick leave taken by an employee no later than the payday for the next regular payroll period after the sick leave was taken.

(o) The State Department of Social Services, in consultation with stakeholders, shall convene a workgroup to implement paid sick leave for in-home supportive services providers as specified in this section. This workgroup shall finish its implementation work by November 1, 2017, and the State Department of Social Services shall issue guidance such as an all-county letter or similar instructions by December 1, 2017.

(p) No later than February 1, 2019, the State Department of Social Services, in consultation with the Department of Finance and stakeholders, shall reconvene the paid sick leave workgroup for in-home supportive services providers. The workgroup shall discuss how paid sick leave affects the provision of in-home supportive services. The workgroup shall consider the potential need for a process to cover an in-home supportive services recipient’s authorized hours when a provider needs to utilize their sick time. This workgroup shall finish its work by November 1, 2019.

(q) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement, interpret, or make specific this section by means of an all-county letter, or similar instructions, without taking any regulatory action.

(r) Subdivisions (g), (h), (i), (l), (m), and (n) shall preempt any local ordinance to the contrary.

Contact Us When You Need an Employment Law Attorney for Los Angeles, Orange, Riverside, San Bernardino, and Ventura

Call us today at (818) 509-9975 or contact us online to schedule a complimentary case evaluation. We have extensive experience in all aspects of employment law, including paid sick time off cases.

Areas Served

The litigation and trial attorneys of the Akopyan Law Firm, A.P.C. provide services throughout Southern California including but not limited to AdelantoAgoura HillsAlhambraAliso ViejoAltadenaAnaheimApple ValleyArcadiaArletaAtwater VillageAzuzaBakersfieldBaldwin ParkBanningBeaumontBellBell GardensBellflowerBeverly HillsBlytheBoyle HeightsBreaBrentwoodBuena ParkBurbankCalabasasCalimesaCamarilloCanoga ParkCanyon LakeCarsonCathedral CityCerritosChatsworthChino HillsChinoClaremontCoachellaColtonComptonCosta MesaCoronaCovinaCulver CityCypressDana PointDesert Hot SpringsDiamond BarDowneyDuarteEagle RockEast HollywoodEast Los AngelesEastvaleEcho ParkEl MonteEl SegundoEl SerenoEncinoFontanaFountain ValleyFullertonGardenaGarden GroveGlassell ParkGlendaleGlendoraGranada HillsHacienda HeightsHawthorneHemetHesperiaHighland ParkHighlandHollywoodHollywood HillsHuntington BeachHuntington ParkIndian WellsIndioInglewoodIrvineJurupa ValleyLa Canada FlintridgeLa-Crescenta MontroseLa HabraLa MiradaLa PalmaLa PuenteLa QuintaLa VerneLaguna BeachLaguna HillsLaguna NiguelLaguna WoodsLakewoodLake BalboaLake ElsinoreLake ForestLancasterLawndaleLincoln HeightsLoma LindaLong BeachLos AlamitosLos AngelesLos FelizLynwoodManhattan BeachMar VistaMaywoodMenifeeMission HillsMission ViejoMonroviaMontclairMontebelloMonterey ParkMoorparkMoreno ValleyMurrietaNewbury ParkNewhallNewport BeachNorcoNorth HillsNorth HollywoodNorthridgeNorwalkOntarioOrangeOxnardPacific PalisadesPacoimaPalos VerdesPalmdalePalm DesertPalm SpringsPanorama CityParamountPasadenaPerrisPico RiveraPlacentiaPomonaPorter RanchRancho CucamongaRancho MirageRancho Santa MargaritaRedondo BeachResedaRialtoRiversideRosemeadRowland HeightsSan BernardinoSan ClementeSan DimasSan GabrielSan FernandoSan JacintoSan Juan CapistranoSan PedroSanta AnaSanta ClaritaSanta MonicaSawtelleSeal BeachShadow HillsSherman OaksSilver LakeSimi ValleySouth El MonteSouth GateSouth PasadenaSouth WhittierStantonStudio CitySun ValleySunlandSylmarTarzanaTemeculaTemple CityThousand OaksToluca LakeTorranceTujungaTustinTwentynine PalmsUplandValenciaValley GlenValley VillageVan NuysVenturaVictorvilleWalnutWest CovinaWest HillsWest HollywoodWest Puente ValleyWestchesterWestminsterWestwoodWhittierWildomarWinnetkaWoodland HillsYorba Linda