Legal Entitlement to Sick Days

  • Beitrags-Autor:
  • Beitrags-Kategorie:Allgemein

Employees may use sick leave for the time necessary to diagnose, treat, or recover from an employee`s mental or physical illness, injury, or other health problems, or to obtain medical care. the time required by the employee to care for a family member who requires diagnosis, care, treatment or recovery from a family member`s mental or physical illness, injury or other health problem, or who requires preventive medical care; or absence due to domestic violence, sexual assault or criminal harassment of the employee or a family member. The law includes a preemption clause that the county law becomes invalid if the federal or state government passes a paid sick leave law with the same or substantially the same provisions. Employers can only request a medical certificate or other documents in certain circumstances. For example, they may request a medical certificate if an employee misses more than three consecutive business days. Up to 40 hours of unused sick leave can be carried forward to the following calendar year. However, employers are only required to allow their employees to take up to 40 hours of sick leave per calendar year. In general, these provisions mean that time taken as paid sick leave must be paid at the employee`s regular rate of pay, either for the work week in which the paid sick leave was taken or as determined by an average over a 90-day period. The Paid Sick Leave Act allows workers to decide how much paid leave they wish to take, subject to their employer`s ability to set a minimum of two hours. For example, if an employee has accumulated ten hours, they can ask to be paid for ten hours. If the employee decides to take less time than on paid sick leave, they will be paid for the number of hours they have chosen. Note that employees must take at least two hours if they opt for sick leave if the employer sets a minimum of two hours.

If an employee with an alternate work schedule is sick for three days and has accumulated only 24 hours of paid sick leave, the employer pays for the 24 hours committed. However, if the employee has accumulated 30 hours of paid sick leave, they must be paid for the full 30 hours or three days of work (see DLSE Notice Letter 2015.08.07). If you work less than 30 calendar days in a year for the same employer in California, you are not entitled to paid sick leave under this new law. The law also provides for a flat-rate alternative to the provisions on monitoring. In order to avoid carry-over provisions and rules, employers may grant the maximum period of sick leave at the beginning of the year. Collective agreements concluded after September 30, 2020 are not required to provide for the sick leave described above, provided that the contract provides for comparable benefits/paid days for employees and expressly recognizes the provisions of the Labour Law 196-b. For the purposes of collective agreements, the Ministry of Labour considers periods of leave subject to fewer restrictions on use to be comparable to those required by this Act, regardless of the designation of such leave (e.g. annual or vacation period), and multiple leave benefits that meet the requirements for use of this Act may be combined to satisfy the „comparable benefits“ requirement. To comply with the requirements of this law, any agreement concluded after September 30, 2020 must explicitly refer to Article 196-b of the Labour Code. Employers with fewer than 18 employees must provide their employees with up to 24 hours of sick and safety leave without pay in 2018 and up to 32 hours in 2019 and up to 40 hours thereafter. Some cities in California have their own paid sick leave requirements that provide additional benefits to employees. In general, employers must follow the most generous rule towards employees.

Employers must retain employees` pay stubs for a period of four years detailing hours worked, wages paid and paid sick leave. An employer cannot retaliate against an employee if they exercise or attempt to exercise legal rights, including requesting and taking sick leave. The Minneapolis executive order requiring paid sick leave has been shelved and will not be enforced against employers due to ongoing lawsuits.