California’s New Paid Sick Leave Law

New California law requires employers to provide paid sick leave to employees. An employee who, on or after July 1, 2015, works in California for 30 or more days within a year from the beginning of employment is now entitled to paid sick leave.

Almost all employers, regardless of size, are covered by the new law. The new law does not contain an exception for employers with fewer than a particular number of employees. It’s a complicated rule, and does bring new requirements for many businesses who operate in California. Here are some basics on the change, along with some resources to help stay compliant.

Facts on Entitlement:

• Paid sick leave accrues at the rate of one hour per every 30 hours worked, paid at the employee’s regular wage rate. Accrual shall begin on the first day of employment or July 1, 2015, whichever is later.
• Accrued paid sick leave shall carry over to the following year of employment and may be capped at 48 hours or 6 days.
  • However, subject to specified conditions, if an employer has a paid sick leave, paid leave or paid time off policy (PTO) that provides no less than 24 hours or three days of paid leave or paid time off, no accrual or carry over is required if the full amount of leave is received at the beginning of each year in accordance with the policy.

Employee Usage:

• An employee may use accrued paid sick days beginning on the 90th day of employment.
• An employer shall provide paid sick days upon the oral or written request of an employee for themselves or a family member for the diagnosis, care or treatment of an existing health condition or preventive care, or specified purposes for an employee who is a victim of domestic violence, sexual assault, or stalking.
• An employer may limit the use of paid sick days to 24 hours or three days in each year of employment.

Notice, Posters and Records Requirements

We’ve partnered with Restaurant HR Group to make this transition a little easier. Here are some tips on how to prepare your business, along with some resources to help stay compliant:

• Written notice must be given to employees detailing how paid sick leave accrues and their rights to use it. We’ve created a free template here.
• A paid sick leave poster must be displayed prominently in the workplace. Not doing this can result in a penalty of $100 per offense. Here’s a free, verified poster template that you can print out and use.
• The amount of available sick leave must be recorded on each paystub (or in some other written form on payday), and employers must keep records of sick leave accrual and use for three years.

For more information about employer requirements, we’ve created a free guide here.  If you’ve got further questions about how these new rules might impact your business, you can talk to HR experts by contacting Restaurant HR Group at support@restaurantHRgroup.com or 888-506-0718.