![]() ![]() Under an accrual method, employees must be permitted to accrue at least 48 hours of sick leave per year. Given that an employer can cap usage at 24 hours, what happens to the hours the employee does not use? However, the employer can limit the employee’s sick leave use to 24 hours per year. Yes, under an accrual method, the employee must be permitted to accrue up to 48 hours per year. If an employee uses the accrual method, can it cap the number of days accrued at six and limit employees to using 3 days in a year? No, employers only need to count actual hours worked for accrual purposes. Under accrual method, does vacation time count as time worked for accrual purposes? ![]() Employees must be permitted to use accrued sick leave on their 90th day of employment. This is why we recommend instituting an accrual cap of 48 hours, so an employee will not accumulate sick leave in excess of 48 hours.įor employees hired before July 1st, does the accrual start with their hire date? And what is the earliest date they can begin taking sick leave?Įmployers do not need to permit employees to accrue sick leave until July 1, 2015. Under an accrual method, the employee must be permitted to carry over all hours accrued. If an employer uses an accrual method and caps the accrual at 48 hours, what is the requirement to carry those forward assuming no days are used? Would an employee have 96 hours at the end of the 2nd year if no hours were used? California courts have not specified the minimum multiplier permitted, but administrative guidance indicates that a cap of 1.75 times annual accrual is permitted. The accrual cap is calculated based on the employee’s annual accrual. Yes, all hours worked should be considered when calculating accrual.ĭoes the annual PTO cap have to be 1.75 x annual accrual? Or is it just 15.75 days minimum? Given that overtime is included in the accrual of the 30 hours, would double time be included as well? Using Other Types of Leave to Comply with the Sick Leave Law ![]() Separate Policies for Different Groups of Employees Reinstatement of Employment within One Year While we have answered all general questions below, we encourage you to speak directly with your Proskauer lawyer to ensure that your particular company policies are fully compliant. We realized that everyone - including those who could not attend the presentation - would benefit from viewing the questions and our responses. More than 400 people registered for the webinar, and we received well over 100 participant questions. We recently held a webinar titled California’s New Paid Sick Leave Law: Are you Ready for the Big Changes Ahead? to help prepare employers for California’s new paid sick leave law. ![]()
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