Anaheim, CA asked in Employment Law and Education Law for California

Q: As an at-will employee, can my employer deny me 40 hours psl

Substitute teacher, is the district obligated to inform us about changes in PSL?

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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: As an at-will employee in California, your employer is generally required to provide paid sick leave (PSL). Under California law, employees are entitled to accrue at least one hour of PSL for every 30 hours worked, up to a minimum of 24 hours or three days per year. If you've met the eligibility requirements, your employer should not deny you this benefit.

As a substitute teacher, whether the school district is obligated to inform you about changes in PSL can depend on district policies and your specific contract terms. However, it is generally a good practice for employers to communicate any changes to employment terms, including PSL. It would be helpful to review any employment agreements or handbooks provided by the district to understand your rights and the district's responsibilities.

If you believe your PSL rights are being violated, you may want to discuss the issue directly with your employer or human resources department. You also have the option to file a complaint with the California Labor Commissioner if you feel your PSL entitlements are not being honored.

Maurice Mandel II
Maurice Mandel II
  • Newport Beach, CA
  • Licensed in California

A: "PSL"? You mean personal sick leave? These are for full time employees, including at will employees. My experience is that a substitute teacher is not a full time employee of a school district, they are hired to work assignments and I believe your agreement with the district will spell this out. You are hired to work by the day and as such are not a contract employee with the district, so you do not accumulate sick leave, unless there are some changes since I was a sub teacher and full time teacher with a public district. When I worked for the CC district, we were hired by the course, and not full time employees, never accumulated sick leave. Thanks for using Justia Ask a Lawyer, but discuss this with a local attorney and don't just rely on what you are told on this site.

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