California’s Paid Sick Leave Laws: Know Your Rights and Take Action When They’re Violated

California’s paid sick leave laws were created to protect workers and ensure they can take time off to care for themselves or their loved ones without fear of losing wages or their job. However, not all employers comply with these laws. If your employer is denying your rights to paid sick leave, you may have legal options to hold them accountable.

Overview of Paid Sick Leave in California

Under the Healthy Workplaces, Healthy Families Act of 2014 (Cal. Lab. Code § 245 et seq.), nearly all California workers are entitled to paid sick leave. As an employee, you have the right to:

1. Accrue at least 1 hour of paid sick leave for every 30 hours worked.

2. Use up to 24 hours (or three days) of paid sick leave per year.

3. Carry over unused sick leave into the next year, unless your employer provides you with the full amount of sick leave at the start of the year.

Additionally, recent changes to the law—effective January 1, 2024—increase the amount of paid sick leave employees can take from three days to five days (40 hours).

Your Rights as an Employee

Under California law, paid sick leave can be used for:

• Personal illness or injury.

• Caring for a sick family member, including a child, spouse, parent, sibling, grandparent, or grandchild.

• Addressing needs related to domestic violence, sexual assault, or stalking.

Employers are required to:

1. Provide notice of your paid sick leave rights through a written policy.

2. Include your sick leave balance on your paystub or in a separate written document each pay period (Cal. Lab. Code § 246(i)).

Common Violations by Employers

Unfortunately, some employers fail to meet their obligations under the law. Examples of violations include:

• Refusing to provide paid sick leave.

• Retaliating against employees who request or use paid sick leave (e.g., terminating or disciplining workers).

• Misclassifying employees as independent contractors to deny benefits.

• Failing to notify employees of their sick leave balances or policies.

Protect Yourself: What to Do If Your Employer Violates the Law

If your employer violates your paid sick leave rights, you have legal recourse. You can:

1. File a complaint with the California Labor Commissioner’s Office (Cal. Lab. Code § 248.5).

2. Pursue a private lawsuit against your employer to recover lost wages, penalties, and attorney’s fees.

In some cases, employees may be entitled to compensation for emotional distress and punitive damages if retaliation occurred.

Let WorkRight Law Help You Fight for Justice

If your employer is violating your paid sick leave rights, you don’t have to fight alone. At WorkRight Law, we represent employees who have been treated unfairly by their employers. With nearly two decades of experience, we focus on standing up for workers like you against unlawful practices.

Let WorkRight Law help you recover what you’re owed and hold your employer accountable.

Take action today. Remember, California’s paid sick leave laws are designed to protect you. Don’t let your employer take advantage of you. Contact WorkRight Law to learn how we can help you secure the justice and compensation you deserve.