This Bulletin is part of an on-going series by Kraeber Law Office to provide helpful hints about developments in the law that could be relevant to your business.
IS YOUR BUSINESS COMPLIANT WITH THE CA PAID SICK LEAVE LAW?
1. Who is Covered and How is it Applied?
EVERY employer, with very few exceptions, is required to provide paid sick leave to all employees. There are strict guidelines about how much you must give, how it may be calculated, and how the employee can use it. Even if you think your current policy is in line or better than the requirements, you may need to make sure and confirm you are applying it correctly.
2. Different Methods of Providing Sick Leave Time; Some Restrictions You May be Able to Use.
There are some options you may have for accrual or lump sum delivery of time, as well as options for different classes of employees. You may also have options regarding capping usage, depending on your calculation methodology.
3. Paid Sick Leave is Protected!
You may need to review your attendance policies to make sure they are clear that protected leave is not a violation of attendance policies. Also, certification (e.g. doctor's note) is not required unless it falls under another leave law that requires certification. The request from an employee may be oral or written, and any employer who fails to give the leave because the employee did not provide details may face a claim for violating the Paid Sick Leave law.
4. Options for Payment of Sick Leave.
Paying a nonexempt employee for a sick day can be calculated in several different ways that will meet the legal payment requirements. You need to be sure that you are using a valid method.
5. Recordkeeping and Local Ordanances.
Recordkeeping must include specific criteria in order to comply with the law. In addition, you must make sure that there are not any additional local ordinances that are applicable as you are responsible for following local ordinances as well as the California Paid Sick Leave law.
Contact us with any questions or concerns. We’re here to help.
Employer Bulletin Feb 2023