We
have previously outlined the requirements of California’s new Paid Sick Leave
Law, which are spelled out here. As originally
enacted the law required employers to either give an up-front allocation of 24
hours, or to award 1 hour of paid sick leave for every 30 hours worked. But in
response to concerns raised by NFIB and other industry groups, California has
adopted amendments that allow for a little more flexibility. Now, employers may
satisfy the requirements of California’s Paid Sick Leave Law with a compliant
Paid Time-Off (PTO) policy. Specifically, an employer may use a PTO policy so
long as it makes available paid time off for the same purposes, and under the
same conditions, as specified in the
original enactment.
Further, a compliant policy must either: (1) satisfy the accrual, carry
over and use requirements as outlined in the original
enactment,
or (2) ensure that the employee receives “no less than one day or eight hours
of accrued sick leave or paid time off within three months of employment of
each calendar year, or each 12 month period, and [that] the employee [is]
eligible to earn at least three days or 24 hours of sick leave or paid time off
within nine months of employment.”
We recommend that you review the full text of the Amendment
here.
