California updated its FAQs on paid sick leave

On December 2, 2024, the California Department of Industrial Relations (DIR) updated its frequently asked questions (FAQs) about the state's paid sick leave requirements. The updates include the following:

• Agricultural employees: Those who work outside and qualify for paid sick days may use them to avoid smoke, heat, or flooding created by a local or state emergency, including when the employee's worksite is closed due to those conditions.
• Crime victims: Effective January 1, 2025, employees may take paid sick leave if they or family members are victims of a crime, depending on the size of their employer, as follows:
  • All employers: Employees may take paid sick leave to obtain or try to secure any relief, including but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or their child.
  • Employers with 25 or more employees: Employees may take paid sick leave for the reasons listed above as well as other reasons, such as obtaining medical treatment, getting related services or counseling, taking safety measures, and moving.

How employees may use their leave

The FAQs also clarify the differences between accrual, carryover, and use. The law allows employees to accrue more time than employers must allow an employee to use in a single year.

• Accrual: This is based on the number of hours an employee works.
• Carryover: The amount of paid sick leave carried over to the next year may be subject to a cap if the employer sets up a cap by policy. For accrual policies, this ensures the employee will have time available at the beginning of the following year.
• Use: Employers may limit the use of paid sick leave to 5 days or 40 hours per year.

Not everyone qualifies for leave

The FAQs clarify the differences between fully exempt employees (who may not take paid leave) and partially exempt employees (who may take some paid leave). Here is the breakdown:

• Employees are fully exempt from being able to take paid leave if they are:
  • Employed by an air carrier as a flight deck or cabin crew member, if they receive compensated time off at least equivalent to the requirements of paid sick leave,
  • Retirees who receive benefits from working for governmental entities,
  • Employees of railroads, and
  • Employees in the construction industry who are covered by a collective bargaining agreement with specific provisions.
• Employees are partially exempt from the paid sick leave law if they are covered by a qualifying collective bargaining agreement with specified provisions.