Navigating California’s New Sick Leave Laws: SB 616

California employees encountering challenges with sick leave may benefit from consulting a lawyer to understand their rights under new legislation. The enactment of Senate Bill (SB) 616, effective January 1, 2024, introduces significant changes to paid sick leave (PSL) policies, requiring attention from both employees and employers.

Key Changes Under SB 616

Expanded PSL Entitlement
SB 616 mandates that nearly all California employers provide a minimum of 40 hours or five days of paid sick leave annually, whichever is greater. This change enhances employees’ well-being by offering sufficient time to recover from illness without sacrificing income. The law applies to workers who have been with their employer for at least 30 days within a year, including part-time, per diem, temporary workers, and in-home supportive services providers, with limited exceptions.

Accrual and Usage
Employers can choose from several accrual methods:

• 1 hour of PSL for every 30 hours worked.
• A front-load of 40 hours or 5 days at the start of each 12-month period.
• An alternative method that meets legal requirements.

Employers may require employees to complete 90 days of employment before using PSL but can also allow earlier access. While a maximum accrual cap of 80 hours (or 10 days) is permitted, employees must be allowed to carry over at least 40 hours of unused PSL into the next year.

Carryover and Notification Requirements
SB 616 ensures employees can carry over at least 40 hours of unused PSL annually. Employers must provide written notices of PSL balances, typically via pay stubs, promoting transparency and helping employees track their available leave.

Grandfathered Plans
Existing employer plans that meet or exceed the new requirements may remain valid under the law, allowing businesses with compliant policies to maintain their current benefits.

How Legal Assistance Can Help

Understanding SB 616 and ensuring compliance can be complex. Employees may need legal support to:

• Interpret the new sick leave laws and their application.
• Resolve disputes related to sick leave accrual, usage, or carryover.
• Advocate for their rights when employers fail to meet legal obligations.

Legal counsel can clarify these changes, assist in securing rightful benefits, and hold employers accountable. If you’re facing issues with sick leave or need help navigating the new laws, contact the Nourmand Law Firm, APC, today to protect your rights and receive the benefits you deserve