California law requires that non-exempt employees accrue not less than one hour of paid sick leave for every 30 hours worked. Employees may use up to 24 hours or 3 days of paid sick leave per year. Accrued leave can be used for absences relating to diagnosis, care, or treatment for an employee’s or their family member’s health condition or for victims of domestic violence, sexual assault, or stalking. For the purposes of this section, family member is defined as “a child… a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis…a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child, a spouse, a registered domestic partner, a grandparent, a grandchild, or a sibling.” While an employee may carry over leave accrued in a previous year, an employer may limit the amount of leave used to 24 hours per year and limit the amount of total leave accrued to 48 hours. The law allows for different accrual methods, so long as certain specified requirements are met by the employer. As of July 2018, providers of in-home supportive services also accrue paid sick leave at the rate of one hour per every 30 hours worked. Currently, providers of in-home supportive services can use up to 8 hours of paid sick leave annually. The maximum number of hours of paid sick leave such providers may take per year will increase to 16 hours in 2021 and 24 hours in 2023, following the minimum wage increases.
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