In this episode of The Workplace podcast, CalChamber Associate General Counsel Matthew Roberts and Senior Employment Law Counsel Erika Barbara discuss California’s paid sick leave law, sharing best practices to ensure compliance and avoid legal pitfalls.
California’s paid sick leave law has been in effect for 10 years, but confusion around its rules remains a common challenge for employers.
The Basics of Paid Sick Leave
Under California law, nearly all employers must provide paid sick leave to their employees, regardless of whether they work full-time, part-time, or seasonally, Roberts explains.
Employers typically meet this requirement by either providing one hour of paid sick leave for every 30 hours worked or by frontloading 40 hours (or five days) of paid sick leave annually.
Permissible Use of Paid Sick Leave
Employees can use paid sick leave when they are unable to work or need to provide care to a family member due to medical care needs, treatment, or are recovering from illness, Barbara explains.
The law defines “family member” broadly, encompassing children, parents, spouses, registered domestic partners, grandparents, grandchildren, and siblings.
“…Employees can also use paid sick leave for what the law refers to as a ‘designated person,’ which is essentially anyone that the employee chooses. We are, however, able to limit an employee to just one designated person per 12-month period,” Barbara says.
As of January 1, 2025, paid sick leave can also be used if an employee or family member is a victim of a qualifying violent act, needing time off for legal proceedings or treatment. Agricultural workers now also have the right to use paid sick leave for weather-related emergencies, like smoke or heat conditions due to local or state emergencies.
Barbara emphasizes the importance of clear communication with employees about what constitutes permissible use of paid sick leave. Employers are advised to include detailed information in employee handbooks and post the Labor Commissioner’s paid sick leave notice in the workplace. Additionally, employers must provide non-exempt employees with a notice at the time of hire regarding their paid sick leave entitlements.
Can Employers Require Sick Leave Usage?
According to Barbara, employers cannot force employees to use paid sick leave if they are absent due to an illness. Instead, employers may ask employees whether they want to use it, but ultimately, the decision is up to the employee.
If the employee opts not to use paid sick leave, the absence is not protected, and employers can treat it as an unexcused absence, potentially subject to discipline under attendance policies.
Can Employers Deny Sick Leave Use?
Employers must allow employees to use paid sick leave if they have it when requested for permissible reasons, Barbara says. Employers cannot deny or discourage the use of paid sick leave.
Employers should be aware that paid sick leave is protected, even from a company’s holiday pay policies. For example, some employers require employees to work the day before and after a holiday to be eligible for holiday pay, Roberts says.
Barbara replies that if an employee calls in sick on those days, employers cannot deny holiday pay if the employee is using paid sick leave. Again, paid sick leave is protected time, and denying holiday pay based on its use could lead to legal consequences.
Doctor’s Notes
Barbara explains that employers cannot ask for a doctor’s note when an employee is using paid sick leave. While some employers have policies that ask for a doctor’s note after a certain number of consecutive sick days, this policy cannot apply to paid sick leave until the employee exhausts all available paid sick leave.
Barbara notes, however, that the California Labor Commissioner’s FAQ indicates that in certain situations where an employer has reason to believe an employee is not using paid sick leave for a legitimate purpose, it may be reasonable to request documentation.
Still, she says, this is a gray area, and employers are encouraged to consult legal counsel before requiring documentation or denying paid sick leave in such cases.
PTO Policies
A common practice among employers is the use of paid time off (PTO) policies that combine vacation and sick leave into one bank, Roberts says.
While such policies can comply with the paid sick leave law, Barbara warns that they can create significant issues. The biggest concern is that all PTO time could be classified as protected time, subject to the same limitations and requirements as paid sick leave. This could lead to challenges in managing employee absences and affect the flexibility of PTO usage.
Barbara recommends employers maintain a separate paid sick leave policy for the minimum amount of sick leave required by law, allowing employers more control over the management of vacation and other non-protected leave.
