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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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Our attorneys have been featured on local and national media outlets, including:

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A Client Talks about Andy Dragovic

My wife had an accident, tripping over a cable line that wasn’t buried. Andy represented us and were very pleased with the outcome. Andy was very professional, personable, and quick to respond to us, answering any of our questions or concerns. The whole firm was responsive to our concerns, and…

Praise for Dina Zalewski

The lawyers at Sommers Schwartz, P.C. were nothing short of amazing when I came to them with my medical malpractice case! Dina truly helped to put my mind at ease and because of her and her firm, I finally have closure and can begin my healing process! I just want…

Gratitude for Rob Sickels

When our world was shattered by an unexpected medical diagnosis, we were referred to Rob Sickels of Sommers Schwartz. What a blessing to get this referral as Rob listened to us with caring and compassion, spent all the time necessary to help us, was always honest with us about our…

A Grateful Client Talks About Dina Zalewski

Dina never lied to us and was very straightforward. I feel like she took me under her wing. She got me through something that I thought was going to be incredibly difficult for me to relive. Dina felt like a friend, somebody I could trust and look to for guidance….

About Dina Zaleski, Rick Groffsky, and Andy Dragovic

Dina, Rick, and Andy were amazing lawyers. They helped me through an incredibly difficult time in my life after losing my son. I wanted answers on why, and they helped me through the whole process and they got me answers. After I lost my son, I was severely depressed. Every…

A Medical Malpractice Client Recommends Matt Turner

Matt Turner and his whole staff have acted very professionally, respectfully, and responsively to my every need. I highly recommend him to represent you in any legal matter you may have. Thank you again for all your help and guidance.

We are so thankful this firm was recommended to us!

Robert Sickels and his whole team went above and beyond while caring for us, They truly go the extra mile.

After our first meeting with attorney Matt Curtis, our feelings of frustration, defeat, and helplessness were diminished.

Matt’s knowledge of the law concerning medical malpractice and his compassion for my husband’s situation gave us the boost we needed to stand up and be heard! I am so grateful that my husband felt validated and energized throughout his time meeting with Mr. Curtis because, in February of 2021, he…

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