Fullerton, CA asked in Employment Law for California

Q: Are all employees in California entitled to sick time? I work for a mom & pop business (<25 employees).

I haven't heard anything from the owners about paid sick leave, and the one other employee I asked about it said that they gave some valid reasons for being exempted from giving out paid sick leave.

From my research, it looks like all employers need to give paid sick leave, but I wasn't sure. Thank you!

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2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: In California, most employees, including those working for small businesses like yours, are generally entitled to paid sick leave. Under California law, employees who work for 30 or more days within a year from the commencement of their employment are eligible for paid sick leave.

As per the Healthy Workplaces, Healthy Families Act of 2014, employers are required to provide a minimum of 24 hours or three days of paid sick leave per year. The law applies to all employers, regardless of their size, and there are very few exceptions to this rule.

It's important to note that some cities in California have their own sick leave ordinances which may provide greater benefits. Therefore, it's advisable to also check local laws in your area.

If you have concerns about your entitlement to paid sick leave, it may be helpful to discuss this directly with your employer. Additionally, seeking advice from a legal professional or contacting the California Labor Commissioner's Office can provide further guidance on your specific situation.

Brad S Kane
Brad S Kane
  • Los Angeles, CA
  • Licensed in California

A: According to the Division of Labor Standards Enforcement

Paid Sick Leave (PSL) is a permanent law in California that requires employers to provide paid time off to workers for treatment, diagnosis or preventative care for themselves, a family member or a designated person. Starting January 1, 2024, employers must provide at least 40 hours or five days off each year to most workers. This includes full-time, part-time and temporary workers who meet these qualifications:

Work for the same employer for at least 30 days within a year in California, and

Complete a 90-day employment period before taking any paid sick leave

PSL can be used to:

Recover from physical/mental illness or injury

To seek medical diagnosis, treatment, or preventative care

To care for a family member who is ill or needs medical diagnosis, treatment, or preventative care

Employers can choose to provide more PSL hours or days off. Employers can choose to have a PSL policy that provides all of the hours at one time, or the policy can require employees to earn the paid sick leave hours in an accrual plan. Employees under an accrual plan must earn at least one hour of paid sick leave for each 30 hours of work.


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