Complete Labor Law Poster for $24.95
from, includes
State, Federal, & OSHA posting requirements


No announcement yet.

Sick Time California

This topic is closed.
  • Filter
  • Time
  • Show
Clear All
new posts

  • Sick Time California

    I have a question: Does a company have to offer sick time to their employees, or make them use there vacation time to cover any time out due to illness?

  • #2
    This is complicated.
    - An employee never is required to offer vacation or sick pay to employees.
    - However, for Exempt Salaried employees only, failure to have a "bona fide" sick pay plan (generally taken to mean one offering at least 5 paid sick pay days per year) takes away the ability of the employer to dock the employee for sick days not worked under the 29 CFR 541.602 rules. This again is for Exempt Salaried employee only, and no other types of employee have a similar rule.
    - Paying employees based on time worked is mostly a function of federal law (FLSA), while reducing an employees benefit hour balance is a function of state law and company policy. As long as the 541.602 rules are followed, federal DOL could not care less what happens to an employees benefit hour balance.
    - Under CA law, vacation/PTO is vested and sick pay is not. California is fine with benefit hours being used to cover time missed. If we are talking Exempt Salaried employees only in California, then the rules associated with reducing benefit hour balances on other then a one-per-one basis are a bit obtuse (and sometimes contradictory). If we are talking about any other type of employee, the vacation/PTO is vested and must be either paid one way or the other. Sick pay is not vested, and reductions in the sick pay balance without actually taking the hour is legally possible.

    If you want a more specific answer, you will need to give us a more specific question. Are you Exempt or Non-Exempt? Paid on a Salaried or Hourly basis?
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      Employers in San Francisco are requried to offer sick time.


      • #4
        Originally posted by pfulmer View Post
        Employers in San Francisco are requried to offer sick time.
        Thanks, we always forget about that one. Probably because it's relatively new and it's SO unheard of anywhere else. Leave it to our friends in SF.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


        The forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on are opinions and suggestions of members and is not a representation of the opinions of does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.