California Sick and Safe Time Policy: Employee Rights and Usage Guidelines

Latest Policy Updates and Changes

Eligibility

Pursuant to the Healthy Workplaces, Healthy Families Act, the Company provides paid sick leave to employees who work for The Company in California for 30 or more days within a year. For employees who work in California who are eligible for sick time under another policy and/or any other applicable sick time/leave law or ordinance, this policy applies solely to the extent it provides greater benefits/rights on any specific issue or issues than any other policy and/or any other applicable sick time/leave law or ordinance.

Grant

**Employees who are regularly scheduled to work 8 hours per day and 40 hours per week or less receive five (5) paid sick days or 40 hours at the time of hire.

**Paid sick days will reset on the employee’s anniversary date.

Usage

Employees can use accrued paid sick leave beginning on the 90th day of employment.

Employees may use up to five (5) days or 40 hours of paid sick leave in any year. If an employee normally works greater than 8 hours per day and 40 hours per week, the maximum usage will be equivalent to regularly scheduled daily hours up to a max of five (5) paid sick days in any year.

Paid sick leave may be used in minimum increments of two (2) hours.

Paid sick leave may be used for the following reasons:

• For diagnosis, care, or treatment of an existing health condition of or preventive care for, the employee or the employee's family member; or
• For any employee who is a victim or whose family member is a victim of a qualifying act of violence:

1. 1. To appear in court to comply with a subpoena, or other court order as a witness in a judicial proceeding;
   2. To obtain or attempt to obtain any relief for the family member, 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 family member of the victim;
   3. To seek, obtain, or assist a family member to seek or obtain medical attention for or to recover from injuries caused by a qualifying act of violence;
   4. To seek, obtain, or assist a family member to seek or obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of a qualifying act of violence;
   5. To seek, obtain, or assist a family member to seek or obtain psychological counseling or mental health services related to an experience of a qualifying act of violence;
   6. To participate in safety planning or take other actions to increase safety from future qualifying acts of violence;
   7. To relocate or engage in the process of securing a new residence due to the qualifying act of violence, including but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare;
   8. To provide care for a family member who is recovering from injuries caused by a qualifying act of violence;
   9. To seek, obtain, or assist a family member to seek or obtain civil or criminal legal services in relation to the qualifying act of violence;
   10. To prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the qualifying act of violence; or
   11. To seek, obtain, or provide childcare or care for a care-dependent adult if the childcare or care is necessary to ensure the safety of the child or dependent adult as a result of the qualifying act of violence.

For purposes of this policy, family member means a child (including biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis, all regardless of age or dependency status); spouse; registered domestic partner; parent (including biological, adoptive, or foster parent, stepparent, or legal guardian of the employee or the employee's spouse or registered domestic partner or a person who stood in loco parentis when the employee was a minor child); grandparent; grandchild; a sibling; or a designated person. Employees are limited to selecting one (1) designated person per 12-month period for paid sick days.

For purposes of this policy, a “qualifying act of violence” means any of the following, regardless of whether anyone is arrested for, prosecuted for, or convicted of committing any crime:

• Domestic violence;
• Sexual assault;
• Stalking; or
• An act, conduct, or pattern of conduct that includes any of the following:
  • In which an individual causes bodily injury or death to another individual;
  • In which an individual exhibits, draws, brandishes, or uses a firearm or other dangerous weapon with respect to another individual; or
  • In which an individual uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death.

Unless the employee advises their supervisor otherwise, the Company will assume employees want to use available paid sick leave for absences for reasons set forth above and employees will be paid for such absences to the extent they have paid sick leave available.

Employees will be notified of their available paid sick leave on each itemized wage statement.

Notice and Documentation

Notice to their supervisor may be given orally or in writing. If the need for paid sick leave is foreseeable, the employee must provide reasonable advance notification. If the need for paid sick leave is unforeseeable, the employee must provide notice of the need for the leave as soon as practicable.

The Company may also take reasonable measures to verify that employees' use of paid sick leave is lawful, to the maximum extent permitted by applicable law.

Payment

Eligible employees will receive payment for paid sick leave at the same wage as the employee normally earns during regular work hours, unless otherwise required by applicable law, by the next regular payroll period after the leave was taken. Use of paid sick leave is not considered hours worked for purposes of calculating overtime.

Carryover and Payout

**Accrued but unused paid sick leave does not carry over from year to year.

Accrued but unused paid sick leave under this policy will not be paid at separation.

Enforcement and Retaliation

Retaliation or discrimination against any employee who requests paid sick days or uses paid sick days or both is prohibited and employees may file a complaint with the Labor Commissioner against an employer who retaliates or discriminates against any employee.

If employees have any questions regarding this policy, they should contact the HR Department.

 

** Client individual policies may vary