Q: Confusion regarding CA 24 sick pay
My employer claims that they do not need to renew the 24 hr sick pay yearly because we accrue PTO....Yet we need to use PTO (our vacation time) when we get sick. Is this correct?
A: The Healthy Family Act provides that an employer who chooses to have a Paid Time Off (PTO) policy instead of a sick time policy complies with the Act as long as the PTO policy satisfies all of the Act’s requirements with respect to eligibility, accrual, usage, notice, recordkeeping, etc.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Under California law, employers are required to provide a minimum of 24 hours of paid sick leave to their employees per year. This sick leave must be available for use by the employee beginning on the 90th day of employment.
Employers can choose to provide more than the minimum amount of sick leave required by law, such as by offering paid time off (PTO) that can be used for sick leave or vacation. However, if an employer provides PTO, they cannot require an employee to use their PTO for sick leave.
In other words, if your employer offers PTO, they cannot force you to use your vacation time when you are sick. You should be able to use your sick leave for that purpose instead, even if you have accrued PTO.
If you believe your employer is not providing you with the sick leave or PTO to which you are entitled, you may wish to contact the California Division of Labor Standards Enforcement (DLSE) to file a complaint. The DLSE can investigate the matter and, if they determine that your employer violated labor laws, they can order the employer to provide the unpaid sick leave or PTO and any penalties or interest owed.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
