Employees in California enjoy some job benefits that workers in other states do not enjoy, including mandatory paid sick leave laws. Many employers in the State of California are legally obligated to provide their employees paid sick leave, which employees can use for themselves or to care for an ill family member.

This past July, Governor Jerry Brown signed into law AB 304 Sick Leave: Accrual and Limitations legislation, which amended the Healthy Workplaces, Healthy Families Act of 2014, which is found in California’s Labor Code.  This new law became effective as soon as the Governor signed it, and it has paved the way for nearly mandatory paid sick leave in California.

Which employers are impacted by this law?

Unlike some other leave legislation, California paid sick leave laws have been written broadly enough to encompass most every employer in the State of California. There are no exemptions for small employers (like there is with federal unpaid leave). We recommend that all employers review their leave policies to ensure that they are compliant with California’s new paid sick leave laws.

How does this law impact employers who already offered paid sick leave?

Employers who provide sick leave may not be required to offer additional sick leave under the new law if: the employer has a paid leave policy or a paid time off policy and the employer has made available amounts of leave for specific uses (like sickness) and the employer’s paid leave policy either satisfies the accrual, carry over and use requirements of the law or paid leave is provided pursuant to other provisions of law or some other legal agreements that meets the requirement of the California sick leave laws.

Can employers limit employees’ use of sick leave?

Yes. Under the law, an employer may limit an employee to either 3 days or 24 hours of paid sick leave in either each year of employment, each calendar year or a 12-month period.

How can the Law Offices of Robert P. Baker help me?

If you have concerns that your employer is not complying with California’s paid sick leave laws, or if you have been denied paid sick leave or use of paid sick leave or other leave by your employer, please contact us today. Since graduating from Harvard Law School, attorney Robert P. Baker has built a career on defending the rights of ordinary citizens. Let us be your voice and let us advocate on your behalf for justice and any compensation you may be entitled to under the law. California has set up laws to protect workers and we are proud to enforce those laws and hold employers accountable for their actions.