Understanding the Intricacies of California's Paid Sick Leave Laws: A Guide for Employers

California's Paid Sick Leave laws, particularly as outlined in SB 616 and the California Healthy Workplaces Healthy Families Act, offer essential protections for employees while also posing compliance questions for employers. Below, we outline key points from the latest updates and clarifications regarding the notice requirements and documentation related to using paid sick leave. These updates aim to help employers navigate the complexities of compliance.

Key Points of the Update on California's Paid Sick Leave Laws

• No Requirement for Medical Certification: Employers cannot demand a doctor’s note or any medical certification when employees request paid sick leave, except in cases where there is reasonable doubt about the validity of the leave request.
• Advance Notice for Planned Leave: Employees should notify their employers in advance if the sick leave is planned, like for scheduled medical appointments. If unforeseeable, notice should be given as soon as practical.
• Documentation Under Suspicion: Employers may request documentation if there are valid reasons to believe that an employee is misusing sick leave (e.g., if there's evidence of the employee vacationing during a sick leave period).
• No Disciplinary Actions for Legitimate Use: Employers cannot discipline employees for using accrued paid sick leave, whether it's for a full day or a partial day to attend a medical appointment.
• Protection Under the Law: The law protects employees from any discrimination or retaliation for using paid sick days. Employers cannot deny the right to use accrued sick days for qualifying reasons.
• Handling Non-qualifying Absences: If an employee's absence does not fall under the reasons specified by the law and violates the employer’s attendance policy, the employer may discipline the employee according to their policy.
• Partial Day Absences: Employers can record an "occurrence" for any part of an unscheduled absence that isn't covered by paid sick leave, holding employees accountable only for the time not protected by paid sick leave.

Notification Requirements for Paid Sick Leave

Employees must inform their employer in advance if the sick leave is pre-planned, such as for scheduled doctor's appointments. In cases where the sick leave is unforeseeable, employees should notify their employer as soon as practically possible, which often applies in emergencies or sudden illnesses.

Documentation and Certification

Typically, employers cannot require a doctor’s note or other certification for an employee to use paid sick leave. The right to this leave is immediate upon the employee’s request, either oral or written, without the need for medical proof. However, if an employer possesses concrete reasons to doubt the legitimacy of a paid sick leave request (e.g., social media evidence of the employee vacationing), it may be deemed reasonable to request documentation to verify the claim.

Disciplinary Actions Related to Paid Sick Leave

Employers are generally prohibited from disciplining employees for using their accrued paid sick leave. This includes taking partial days to attend medical appointments. The law protects employees from being denied the use of their accrued sick days, or being subjected to any form of discrimination for using such leave. However, if an employee does not have any paid sick leave available and takes an unscheduled absence, the employer is allowed to apply their standard attendance policy, potentially resulting in disciplinary action.

Use of Paid Sick Leave Under Specific Circumstances

The law clearly defines acceptable reasons for paid sick leave: medical diagnosis, care, or treatment for the employee or a family member, and situations involving domestic violence, sexual assault, or stalking. Employers must adhere to these stipulations and cannot deny the use of paid sick leave for these reasons. If an absence does not fall under these categories, and violates the employer's attendance policy, the employer may discipline the employee according to their established rules.

Partial Day Absences

If an employee uses paid sick leave for part of an unscheduled absence (e.g., half a day), the employer may record an "occurrence" for the portion of the absence not covered by paid sick leave. This ensures that only the time covered by paid sick leave is protected from disciplinary action.

Conclusion

Navigating the requirements of California's Paid Sick Leave laws can be complex. Employers are encouraged to consult with professionals, like those at Employers Guardian, to ensure compliance and fair application of the law. Understanding these nuances will help maintain a fair workplace and protect both the rights of employees and the operational needs of employers. For more detailed questions or unusual situations, reaching out to a knowledgeable advisor is recommended.