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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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A Client’s Gratitude

Thank you, Andy Dragovic and Annette DeCoste, for your professionalism and dedication to me and my malpractice claim. Andy’s confident and caring personality assured me that I chose the right firm to help me fight and get through one of the most difficult times of my life.

A Client With a Wrongful Death Case

My family and I would like to thank Matt Turner, Mickey McCullough, Janice Koehler, and your entire law firm for your dedication to my wife’s wrongful death case. We realize that we had the best law firm to successfully help us. We appreciate the obviously hard work and the efforts…

Praise for Albert Asciutto

Shout out to Albert Asciutto for being a fantastic attorney & walking me through the entire process of fighting for my wages! He made the process quick and easy. In the end we won the case!! Thank you again for taking my case on, you are awesome! I would absolutely…

Praise for Jesse Young and Alana Karbal

Alana Karbal and Jesse Young did an excellent job fighting a giant for my wages. They pushed me to get what they needed from me and were amazing at communicating with me at all times. I won my arbitration and was so excited when I got more than what I…

Praise for Wage & Overtime Pay Attorney Jesse Young

Jesse Young worked an employment case for me that ended with almost 700 people getting their unpaid wages back. He and his team are incredible. From the first communication to the last, they never missed a single beat – consistent and clear communication, quickly replying to my communication, and always making…

A Client’s Gratitude for Tad Roumayah

Tad, I want to express my sincere gratitude for your unrelenting advocacy on my behalf throughout this process. It’s a shame that this sort of thing is still happening to new moms in 2023 and at an institution that prides itself on diversity, equity, and inclusion, no less. Knowing there…

Comments about Matthew Curtis from an Appreciative Client

Your efforts have changed my life, Matt. I’m forever grateful. My wife has tons of upcoming medical expenses, and we had both been working hard to make ends meet. I can’t thank you and your staff enough.

Praise for Lisa Esser-Weidenfeller and Matthew Curtis

I am writing to express my sincere gratitude for your hard work and dedication in handling my case. I appreciate your professionalism, your compassion, and your perseverance throughout this challenging process. You have gone above and beyond to protect my rights, to defend my interests, and to secure a favorable…

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