What legal obligations do California employers have towards their employees in terms of providing paid sick leave?

As of January 2021, California employers are required to provide paid sick leave to their employees under the Healthy Workplace Healthy Family Act of 2014. This law applies to all employers, regardless of size, and to all employees who have worked for the employer for at least 30 days within a year from the start of their employment.

Under this law, eligible employees are entitled to at least three days, or 24 hours, of paid sick leave per year. This sick leave must accrue at a rate of one hour of paid sick leave for every 30 hours worked. However, employers may choose to provide more paid sick leave than the minimum requirement.

Employees may use their paid sick leave for their own health condition or for the health condition of a family member, including children, parents, grandparents, siblings, and spouses or registered domestic partners. Employees may also use their paid sick leave for certain purposes related to domestic violence, sexual assault, or stalking.

Employers must provide written notice to their employees of their rights to use paid sick leave. The notice must include the amount of paid sick leave available, the terms of use, the right to file a complaint if sick leave is denied, and other information required by the law. The notice must be provided to all employees upon hire, and to current employees upon request.

Employers must also keep accurate records of their employees' paid sick leave accrual and usage for at least three years, and must make these records available for inspection by the Labor Commissioner upon request.

There are some limitations and exceptions to the paid sick leave requirement. For example, employees who are covered by a collective bargaining agreement that provides for paid sick leave are not covered by the Healthy Workplace Healthy Family Act. Also, certain types of employees, such as in-home supportive services workers and certain flight deck and cabin crew employees, may be subject to different regulations.

If an employer does not comply with the paid sick leave requirement, an employee may submit a complaint to the California Labor Commissioner or file a lawsuit seeking damages or other remedies. Employers may face penalties for violating the law, including the payment of damages and attorney's fees.

In order to ensure compliance with the law, employers should review their existing sick leave policies and practices, and update them as necessary to comply with the requirements of the Healthy Workplace Healthy Family Act. Employers should also provide training to their managers and supervisors on the requirements of the law, and ensure that accurate records are kept of all sick leave accrual and usage.