San Mateo, CA asked in Contracts and Employment Law for California

Q: Do sick hours roll over into the new year?

I signed a contract I think last year with an updated sick hour policy that said that hours do roll over into the new year and we get 24 hours of sick pay with a max cap of 48. I got sick at the beginning of this year and was told that I don't have any hours yet because the law changed so the hours don't roll over anymore

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1 Lawyer Answer
Brad S Kane
Brad S Kane
  • Los Angeles, CA
  • Licensed in California

A: It appears that your employer is violating California law by saying that your accrued sick leave does not roll over in the new year. The law allows no roll over only if you are provided a minimum of 3 days at the start of the new year.

California Labor Code 246(d) provides that:

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 24 hours or three 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 three days or 24 hours.

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