My Employee is claiming that I did not provide sick leave. As an employer, what do I need to know?

Per the Healthy Workplace Healthy Family Act of 2014 (AB 1522), employers must adhere to various requirements.

Generally, all employers with employees working in California must comply with sick leave laws. California has several local sick-leave ordinances in addition to the state law, which often vary from state requirements. Employers with employees working in San Diego, for example, must determine the sick leave local requirements regarding eligibility, exclusions, and other factors.

To begin, there are basic formalities to consider, regardless of where your business is located in California. Department of Industrial Relations outlines your obligations as an employer:

1. A poster must be displayed on sick paid leave where employees can read it easily.
2. Provide written notice to employees with sick leave rights at the time of hire.
3. Provide for accrual of one (1) hour for every 30 hours worked and allow use of at least 24 hours or 3 days or provide at least 24 hours or 3 days at the beginning of a 12-month period of paid sick leave for each eligible employee to use per year.
4. Allow eligible employees to use accrued paid sick leave upon reasonable request.
5. Document how many days of sick leave an employee has available. Sick leave must be on a pay stub or a document issued the same day as a paycheck.
6. Keep records indicating hours that have been earned versus used for three years.

Notably, Labor Code § 246.5(c) prohibits retaliation or discrimination against an employee that requests or uses sick days. If retaliation or discrimination occurs, the employee may file a complaint with the Labor Commissioner against you (the employer). Further, the employee is not required to find another employee to replace him/her while using sick leave under Labor Code § 246.5 (b).

Webb Law Group, APC can assist you with understanding your employees’ sick leave rights under California Law.