California Sick Leave Law

Employee Sick Leave Law
Presented by
Allison Harvey, Attorney
A. L. Harvey Law,
Professional Law Corporation

∗Takes effect January 1, 2015
∗Sick leave accrual takes effect
July 1, 2015
AB 1522
A. L. Harvey Law, PLC 470 Nevada Street, Suite 203, Auburn CA 95603. 530.217.3520. www.alharveylaw.com
All Rights Reserved. No duplication allowed unless expressly authorized. This is for informational purposes only. This information is not
legal advice and does not create an attorney client privilege.

∗ All Employees (includes full time, part time,
temporary, per diem)
∗ Worked for at least 30 days in California after
January 1, 2015
THAT’S IT – EMPLOYEE MEETS THOSE QUALIFICATIONS
THEY ARE PROVIDED WITH SICK LEAVE TIME.
Qualification

∗ Employees start to accrue sick time immediately
upon employment or starting July 1, 2015
whichever comes later.
∗ Accrue a minimum of 1 hour of sick leave for every
30 hours worked
∗ Must be shown on pay stub or document that is
issued the same day as the paycheck. Records
must be kept for 3 years. Electronic is fine.
ACCRUAL

∗ 6 days or 48 hours – whichever is GREATER
∗ Sick leave CAN NOT be taken away but DOES NOT
have to be paid out at the end of the year or end of
employment relationship
Accrual Caps

∗ Employer can limit use to 3 days or 24 hours per year
– whichever is GREATER
∗ QUESTION: Employee can use sick leave for which
reasons:
a) Preventative care for employee
b) Preventative care for grandparent
c) Restraining order
d) A health condition
Use

∗ Preventative Care (physicals or flu shots included)
∗ Existing health condition
∗ Specified purpose if a victim of domestic violence,
sexual assault or stalking
∗ For family members (employee’s parent, child,
spouse, registered domestic partner, grandparent,
grandchild and sibling)
∗ MINIMUM AMOUNT: 2 hours
Use

∗ Poster in conspicuous place – Available on Labor
Commissioner’s Website. Must state:
∗ Entitled to accrue, request and use sick leave
∗ Amount of sick leave provided and terms of use
∗ Retaliation or discrimination against employee is
prohibited
∗ Employee has right to file a compliant with the Labor
Commissioner against an employer to retaliates or
discriminates against an employee
Notification of Sick Leave Law

∗ Employers must notify employees of the changes
to the law and the employer ‘s compliance no
later than July 8, 2015.
∗ Ways to Notify:
∗ Labor Code 2810.5 form provided by the California
Labor Board
∗ Any other writing as required by law
∗ All changes are reflected on a timely wage statement
furnished in accordance with Labor Code Section 226

The following language MUST be included in any
notification to the employee:
Unless exempt, the employee identified on this notice is entitled to minimum requirements for paid sick leave
under state law which provides that an employee:
a. May accrue paid sick leave and may request and use up to 3 days or 24 hours of accrued paid sick leave per year;
b. May not be terminated or retaliated against for using or requesting the use of accrued paid sick leave; and
c. Has the right to file a complaint against an employer who retaliates or discriminates against an employee for
1. requesting or using accrued sick days;
2. attempting to exercise the right to use accrued paid sick days;
3. filing a complaint or alleging a violation of Article 1.5 section 245 et seq. of the California Labor Code;
4. cooperating in an investigation or prosecution of an alleged violation of this Article or opposing any policy
or practice or act that is prohibited by Article 1.5 section 245 et seq. of the California Labor Code.
The following applies to the employee identified on this notice: (Check one box)
□ 1. Accrues paid sick leave only pursuant to the minimum requirements stated in Labor Code §245 et seq. with no
other employer policy providing additional or different terms for accrual and use of paid sick leave.
□ 2. Accrues paid sick leave pursuant to the employer’s policy which satisfies or exceeds the accrual, carryover, and
use requirements of Labor Code §246.
□ 3. Employer provides no less than 24 hours (or 3 days) of paid sick leave at the beginning of each 12-month
period.
□ 4. The employee is exempt from paid sick leave protection by Labor Code §245.5. (State exemption and specific
subsection for exemption):________________________________________________________________________

∗ Exempt employees do NOT have to be notified of
the change but MUST accrue sick leave.

∗ Due Date: No later than the next payroll
∗ Amount: Regular hourly rate. If pay fluctuates –
divide total compensation for the past 90 days by
the number of hours worked and that is the rate of
pay.
Payment

∗ Rehire the same employee within 12 months you
must allow the employee to reclaim the amount of
accrued sick leave the employee had on the books
when the employee left employment.
Rehires

A. L. Harvey Law, Professional Law Corp. 
previously The Law Office of Allison L. Harvey
Employment Law * Corporate Law * Contract Law *
Public Contract Law * Estate Planning
Helping you protect your assets in both your personal and professional life
www.alharveylaw.com
530.217.3520
allison@alharveylaw.com
470 Nevada Street, Suite 203
Auburn, CA 95603
Contact Information

California Sick Leave Law

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