October 12, 2023 Written by: David Frankel, Esq.
On October 4, 2023, Governor Gavin Newsom signed SB-616, which expands employee entitlements to paid sick leave accrual, carryover, and use in California. These new employee entitlements begin January 1, 2024. We recommend that employers closely follow developments in state law and update their handbooks accordingly.
SB-616 requires that employees accrue or be provided with the following minimum paid sick days:
Accrue 1 hour of paid sick time for every 30 hours worked. Exempt employees are deemed to work 40 hours per workweek, unless their normal workweek is less than 40 hours
Accrue paid sick leave or paid time off (“PTO”) of at least (i) 24 hours by the 120th calendar day of employment or calendar year, or in each 12-month period and (ii) accrue 40 hours by the 200th calendar day of employment or calendar year, or in each 12-month period
Provide paid sick leave of at least (i) 24 hours or 3 days that an employee may use by the completion of the employee’s 120th calendar day of employment, and (ii) at least 40 hours or 5 days that an employee may use by the completion of the employee’s 200th calendar day of employment
Employees must be permitted to use accrued paid sick days beginning on the 90th day of employment and carry over accrued paid sick days to the following year of employment. An employer can limit an employee’s total accrual of paid sick leave to 80 hours or 10 days.
Employers may limit employee’s use of accrued paid sick days to 40 hours or 5 days in each year of employment, calendar year, or 12-month period. If, at the beginning of each year of employment, calendar year, or 12-month period, employees are provided 40 hours or 5 days of paid sick leave, then no accrual or carryover is required.
If you have any further questions in regards to this new Bill, please feel free to reach out to any of the Team from the Staffing Group at Becker LLC and we will be more than happy to answer your questions or concerns.