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:
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.
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.
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