Paid Sick Leave – CA Labor Code 246

Pasadena Employment Law Attorney

California Labor Code 246 was amended in July of 2015 to provide paid sick leave to most workers in the state. Small mom-and-pop operations and international corporations alike must all comply with the rules provided in the code, ensuring that no business can avoid sick leave requirements by being too small. Once an employee works for an employer for at least 30 days, they are given sick pay and sick leave rights.

The only workers exempt from Labor Code 246 are:

• Unionized employees given paid sick leave through contracts
• Construction workers with a union contract
• Certain in-home support workers (nannies, babysitters, etc.)
• Most air carrier employees
• Recipients of a retirement annuities

If you have attempted to use paid sick leave and were denied by your employer, you may need the help of Pimentel Law to set things right. A Pasadena employment law attorney, Mr. Pimentel can assist you. Contact Pimentel Law now to begin your case with confidence.

How Qualifying Employees Accrue Paid Sick Leave

Employers in California must comply with California Labor Code 246 in terms of granting paid sick leave, but the legislation is somewhat lenient in how they may do so. Depending on your line of work and your employment contracts, how you actually accrue paid sick leave could be unique to you. As long as you are given it through reasonable means, there has been no violation of employment law.

There are two primary forms of accruing paid sick leave, which are:

1. Accrual: For every 30 hours an employee works, they will earn 1 hour of paid sick leave. This 1:30 rate may be accelerated if an employee will not have 24 hours of accrued paid sick leave within the first 120 days of their employment.
2. Upfront: Rather than gradually earning paid sick leave throughout the year, an employer may opt to have all employees receive three days of paid sick leave at the start of the calendar year. This may not be as useful as accrual policies, which actually give more than three days of leave each year to the average employee.

Reasons You May Take a Sick Day

Employers may overstep their legal boundaries and violate employment laws by challenging your right to actually take a paid sick day, rather than not giving you rightful paid sick leave. Under California Labor Code 246, you may take paid sick leave for virtually any illness or injury that you suffer, as well as any that befall your family members. You can also use a sick day for preventative medical measures, such as receiving a diagnosis or examination before any illness occurs. While you are required to notify an employer when you are taking paid sick leave, this does not have to be immediate, only as soon as is practical.

Suspect a Violation? Let Pimentel Law Know

Pasadena Employment Law Attorney Gabriel Pimentel has made a career out of helping people in need, whether they have been physically injured in an accident or had their rights violated by their employer. If you want someone who is passionate about doing the right thing and supporting California workers, you will want to work with him. Contact the firm or request an initial consultation using an online form today.