California has changed the state’s paid sick leave provisions, specifically regarding the use, accrual, and carryover of paid sick leave, as follows:
- Current California law allows an employer to limit an employee’s use of accrued paid sick days to 24 hours (or three days) in each year of employment, calendar year, or 12-month period. The new requirements increase this amount to 40 hours (or five days).
- Under current California law, an employer may use a different paid sick leave accrual method for their employees (instead of the usual one hour of paid sick leave per every 30 hours worked) as long as an employee has no less than 24 hours (or three days) of accrued sick leave or paid time off by the 120th calendar day of employment or each calendar year, or in each 12-month period. The new law modifies the employer’s alternate sick leave accrual method to additionally require that an employee have no less than 40 hours of accrued sick leave or paid time off by the 200th calendar day of employment or each calendar year, or in each 12-month period.
- The law also requires that employers increase the accrual and carryover cap to 80 hours (or ten days) hours. However, no accrual or carryover is required if the employer provides five days/40 hours of paid sick leave upfront each year of employment, calendar year, or 12-month period.
The new requirements are effective January 1, 2024.