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What Are California’s Laws On Vacation and Sick Pay?

How is sick time regulated under California Law?

At a minimum, California law requires at least 24 hours of paid sick leave time for each 12 month period worked by full-time and non-exempt employees (although an employer can provide more sick days). Put differently, employees earn a minimum of 1 hour of sick leave for every 30 hours worked. Under the paid sick leave law, sick time must be paid at the employee’s regular rate of pay for the workweek in which the paid sick pay was taken or by averaging the hourly pay over the last 90 days (hours worked divided by total wages without overtime premiums). For more information regarding the regular rate of pay, click here.

Sick time can be used for (1) the Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee’s family member; or (2) an employee who is a victim of domestic violence, sexual assault, or stalking. An employer cannot require that an employee find coverage as a condition of using their sick days. Additionally, an employer cannot retaliate against an employee for using a sick day.

Some cities or counties in California may have additional protections for employees.

How is vacation time regulated under California Law?

Unlike sick pay, neither federal nor California law requires that an employer provide vacation pay. However, if an employer does provide vacation time under a pre-established policy, than California law may provide certain protections. Under California law, earned vacation time is considered wages when the vests as labor is performed. Once a vacation is earned, it cannot be forfeited and any unused portion of the vacation may must be paid upon termination of employment, regardless of the reason for the termination.

For more information regarding vacation pay, see Labor Commissioner’s Office website (click here).

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I know without a doubt you definitely know the laws and you are a great lawyer

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Just wanted to formally thank you for taking the time to discuss the area of class action. I wish you the best with everything. It has been a pleasure getting to know you and everyone at Sommers Schwartz.

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Ken Watkins and everyone at Sommers Schwartz went above and beyond my expectations! They are professional, caring, and compassionate, and I can’t say enough or thank them enough for everything they did on my behalf.

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Sommers Schwartz provides top-tier work.

having much experience in the legal field, both as employee and litigant, the law firm of Sommers & Schwartz provides top-tier work, accountability and masterful legal counsel. Whatever the issue, Sommers & Schwartz will efficiently and quickly achieve the best possible resolution.

Ken Watkins and his team did an excellent job!

I really didn’t think we had a case, but Ken Watkins and his team did an excellent job and got us a nice settlement without going to trial. He always did what was best for us and was sympathetic to our feelings. Everyone at Sommers Schwartz was friendly and helpful,…

Mr. Turner was a guiding light.

Going through the legal process was foreign and nerve-racking for me but I was able to garner confidence from my attorney. I am fully confident he was the key factor in the success of my outcome.

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