doctorIn case you are not aware, starting July 1, 2015, California made it mandatory for companies to provide employees with paid sick leave. If you have worked as an employee in California for more than 30 days, you are entitled to three days of PAID sick leave per year. Although the law was effectuated more than three months ago now, many California employers are still not complying. To determine whether your employer is in compliance with the law, or if they are violating the law, take a look at the requirements below:

 

#1 – Did You Get Notice of your Right to Paid Sick Leave?

Did you receive a written notice by your employer that you had a right to paid sick leave under California’s new paid sick leave law? If not, your employer has violated the law. California law requires employers to have notified employees of their right to accrue and use paid sick leave.

#2 – Does Your Paycheck List your Paid Sick Leave Hours?

If your paycheck or wage statement is missing this one crucial piece of information, your employer is already in violation of California law. California’s new paid sick leave law requires employers to list on employee wage statements how many hours of paid sick leave have accrued. Take a look at your paycheck. Does it list how many hours or how many days of paid sick leave you have accrued for the pay period? It must be printed directly on your wage statement. If not, your employers in violation of California’s labor laws and risks liability. For help with labor law violations, give us a call and we will be glad to give you an overview of your rights.

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#3 – Is Paid Sick Leave Being Accrued Correctly?

California’s paid sick leave law requires companies to choose between accruing time at one hour for every 30 hours worked or providing a lump sum of three days or 24 hours at the start of each 12 month period. At a rate of 40 hours per week, and employee getting a paycheck twice a month should accrue 2.6 hours of paid sick leave per pay period.

#4– Is Every Employee Getting Paid Sick Leave?

California’s new paid sick leave law requires every employer to comply. There is no minimum size limit (like only Employers with over 50 employees, etc.). Further, the new law applies to every single type of employee, including part-time, full-time, seasonal, temporary, and others.

#5  – Is Your Employer’s Paid Sick Leave Policy Allowing You to Care for Family Members?

Be sure to  check whether your employer is allowing you to use paid sick leave not only for your own care and medical conditions, but those of a family member. “Family member” specifically includes children, parents, spouses, domestic partners, grandparents, grandchildren, and siblings. Paid sick leave can also be used for leaves relating to sexual violence, domestic violence, stalking.

#6 – Too Large Blocks of Time Required.

Is your employer requiring that you use an entire day of sick leave? If so this is unlawful. The minimum sick leave that may be taken is in increments of two hours or less.

#7 – What are the Penalties for Not Complying?

If your employer is not complying with any of these guidelines, only some of them, they are violating California labor laws. The California labor Commissioner may order your company to pay employees with back pay, payment of sick days unlawfully withheld, and payments of administrative penalties of up to $4000, as well as a per day penalty of $50 per employee whose rights were violated.

Getting Legal Help

readreviewssgAXIS Legal Counsel is a labor and employment law firm representing clients in a variety of labor and employment issues, including the requirements of California’s labor laws.  AXIS Legal Counsel is experienced in the field of employment and labor law and focused on providing high-quality legal service. For information on retaining AXIS Legal Counsel for any labor or  employment matter, contact info@axislegalca.com or call (213) 403-0130 for a confidential consultation, or visit our Employee’ Rights Practice Area, or Individual Rights Portal.

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