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  1. #1

    Default California Sick Leave

    My question involves labor and employment law for the state of: California

    California law requires that I as an employer make available to my employees 24 hours of sick leave each year. I also have to track a separate PTO program for another entity. If I choose to pay employees the full 24 hours upfront, am I still required to list the balance of zero on their paycheck stub for the California sick leave? I notified them verbally of this process. I have a very small work crew - under 20 employees.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,856

    Default Re: California Sick Leave

    When you called the DLSE and asked them this question, what did they say?

  3. #3

    Default Re: California Sick Leave

    DLSE said this was an unusual practice although it may be easier for us record keeping. But that I still needed to give the person the time off if they were sick.- which I completely understand. I just wanted to know if I had a stub violation for not showing the balance of zero on sick leave

  4. #4
    Join Date
    Oct 2016
    Posts
    2,754

    Default Re: California Sick Leave

    You would be producing incorrect paystubs. Nothing good can come from that.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,856

    Default Re: California Sick Leave

    The DLSE is the regulatory agency in charge. I'm not going to override what they say.

  6. #6
    Join Date
    Oct 2016
    Posts
    2,754

    Default Re: California Sick Leave

    The DLSE didn't really give him any guidance and certainly didn't issue an opinion letter that he could use to cover himself if he ever had to.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,856

    Default Re: California Sick Leave

    Which doesn't change the fact that an opinion from me is not binding on them. I tend to agree with you that there's nothing but downsides to providing inaccurate paystubs.

  8. #8
    Join Date
    Jun 2017
    Location
    California
    Posts
    388

    Default Re: California Sick Leave

    What OP is trying to do won't work. You can give them the 24 hours sick per year to use but you don't pay unless they use it and you deduct the hours they've used from the 24 hours AND the unused hours can carry over to the next year. Here's a link to a simple explanation--> https://www.employers.org/clientuplo...ve_by_City.pdf

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