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).
We fight hard. And we win.
News & Case Alerts
Read related articles and learn about recently filed cases.
Our attorneys have been featured on local and national media outlets, including:
From a Happy Client
I can’t thank this team enough. From start to finish, they were compassionate, knowledgeable, and truly dedicated to getting the best possible outcome for me. It made such a difference knowing I had a team that genuinely cared.
Praise for Lenore Zakhem
Lenore Zakhem worked on my liability case efficiently and effectively! I would recommend and Sommers Schwartz for any legal matters in the future!!
A Referring Attorney Praises Matt Turner
I have years of experience with the attorneys and staff at Sommers Schwartz. Over that time, I have referred a number of people to attorneys there. These referrals include friends and family, who I would trust to only Sommers Schwartz. Whenever I refer someone to attorney Matt Turner and his…
Kind Words for Matthew Turner
If you’re seeking a medical malpractice attorney, Matthew Turner is an exceptional choice and empowers trust through his remarkable expertise. From our initial consultation with Matt, my husband and I felt inspired by his confidence. Although the process was lengthy, Matt and his team, particularly his assistant Janice, consistently provided…
Praise for Our Professional Staff
I had an incredible experience working with Sommers Schwartz for my medical malpractice case. Alexis Fernandez was absolutely amazing—professional, knowledgeable, and truly dedicated to helping me every step of the way. She took the time to explain everything in detail, and answered all my questions! Her compassion and expertise made…
About Attorney Muskan Ali
I had a great experience working with Attorney Muskan Ali. She is extremely knowledgeable in her field and I felt supported the whole way through my legal issue. I highly recommend working with her!
We Deliver Life-Changing Results
My experience with Sommers Schwartz has been nothing short of extraordinary. This exceptional team of legal professionals not only handled my case with remarkable expertise but also transformed my life in ways I never thought possible. From our very first consultation, it was clear that this firm operates at an…
Our Clients Say It Best
