Q: Would an employee whose regular shift length is 6 hours be able to use 8 hours of sick pay for a day missed?

A: You can only use sick to time cover the hours you normally work would have worked, but for being sick or caring for an ill family member. If your regular work hours were six per day, then you can only claim six per day.

The purpose of sick time is compensate you for wages you would have earned from your employer, not to put you in a better financial position. For that reason, employers do not have to cash out sick time when you separate from your employer. Unfortunately, the paid sick law does not address situations where the employee receives tips.

For more information, go to

https://www.dir.ca.gov/dlse/paid_sick_leave.htm

A: In California, sick pay usage is generally limited to the number of hours you were scheduled to work on the day you took sick leave. This means if your regular shift was 6 hours, your employer can limit your sick pay to those 6 hours, regardless of how many hours you have accumulated.

While it's understandable that you'd want to use more sick time to make up for lost tips, California labor laws allow employers to restrict sick pay to the actual time missed from work. This is outlined in California's Healthy Workplaces, Healthy Families Act, which sets the minimum requirements for paid sick leave.

Your best option might be to discuss this with your employer or HR department to see if they have any policies that could help bridge the gap between scheduled hours and typical earnings including tips. Some employers choose to implement more generous sick leave policies than the law requires, though they're not obligated to do so. If you need guidance on your specific situation, consider reaching out to the California Labor Commissioner's Office for detailed information about your rights.