Legislative Update: California paid sick leave increased effective January 1, 2024

Last Updated 10/9/2023

Attention employers, it’s that time of year again.  Changes to those employee handbooks are needed.  Senate Bill 616, just signed by Governor Gavin Newsom requires, effective January 1, 2024, employers to increase the amount of paid sick leave given to California employees from 3 days/24 hours to 5 days/40 hours.

Other key related changes include:

  • The bill modifies, under the Healthy Workplaces, Healthy Families Act of 2014, the right of an employer to use an alternate sick leave accrual method to require that an employee have no less than 24 hours of accrued sick leave or paid time off by the 120th calendar day of employment and 40 hours of accrued sick leave or paid time off by the 200th calendar day of employment or each calendar year, or in each 12-month period.
  • An employer satisfies paid sick leave accrual requirements by providing not less than 24 hours or three days of paid sick leave that is available to the employee to use by the 120th calendar day of employment, and no less than 40 hours or five days of paid sick leave that is available to the employee to use by the completion of the employee's 200th calendar day of employment.
  • SB 616 specifies that an employer is under no obligation to allow an employee’s total accrual of paid sick leave to exceed 80 hours or 10 days, provided certain conditions are met.
  • The measure also specifies that the term “full amount of leave” means five days or 40 hours.
  • SB 616 amends the schedule for in-home supportive services providers to increase their sick leave accrual maximum to 40 hours or five days in each year of employment, calendar year, or 12-month period beginning January 1, 2024.
  • The bill raises the employer’s authorized limitation on the employee’s use of carryover sick leave to 112 hours or 14 days.
  • Specified provisions of this bill preempt any local ordinance to the contrary, including provisions relating to in-home supportive services providers, the calculation of paid sick leave, advance notification, payment, the purposes for which paid sick leave must be provided, employer recordkeeping, and employee documentation.
  • The measure extends procedural and anti-retaliation provisions in existing paid sick leave law to employees covered by a valid collective bargaining agreement that is exempt, if they meet specified criteria, from other provisions of the paid sick leave law.

Employers should be ready to adjust their company policies accordingly and to make the appropriate changes to their employee handbooks before the start of the new year.  As the Governor deals with the myriad of bills on his desk this time of year, we will keep our readers apprised of any other notable changes that require updates to handbooks. Rosasco Law Group, APC is always available to help ensure your policies and handbooks are up to date.  Call our office for a professional review today!

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