California’s Mandatory Paid Sick Leave: Updates on recent changes to California Paid Sick Leave law that your business should know!
Written by Eli Hamblet - January 24, 2025
Laws regarding Paid Sick leave are constantly changing, good legal representation is key for employers to help avoid liability! The following are a few laws enacted in California recently that address sick leave:
AB 1041 (2022) – Expansion of Family Member Definition for Sick Leave:
AB 1041 expanded the definition of a “family member” for the purposes of using paid sick leave under the California Paid Sick Leave law. The bill allows employees to use their paid sick leave to care for a “designated person,” which is defined as any individual related by blood or whose close association with the employee is the equivalent of a family relationship. Employees are allowed to designate this person at the time they request leave, and employers may limit an employee to one designated person per 12-month period.
AB 152 (2022) – COVID-19 Supplemental Paid Sick Leave Extension:
AB 152 extended the provisions of the 2022 COVID-19 Supplemental Paid Sick Leave (SPSL), which originally provided additional paid sick leave for employees affected by COVID-19. This law extended the SPSL until December 31, 2022, and allowed employers to use the remaining funds from the Small Business and Nonprofit COVID-19 Supplemental Paid Sick Leave Relief Grant Program to cover the costs of providing this leave.
SB 616 (2023) – Increased Accrual and Usage Limits for Paid Sick Leave:
SB 616, which takes effect on January 1, 2024, increases the minimum amount of paid sick leave that employees are entitled to under California law. The law raises the accrual cap from 48 hours or six days to 80 hours or 10 days. Additionally, it increases the minimum amount of paid sick leave that employers must provide at the beginning of each year from 24 hours or three days to 40 hours or five days. This change ensures that employees have more time available for illness or to care for family members.
AB 1867 (2020) – COVID-19 Supplemental Paid Sick Leave for Smaller Employers:
AB 1867, enacted in 2020, required employers with 500 or fewer employees to provide COVID-19 Supplemental Paid Sick Leave (SPSL). This law filled the gap left by federal legislation, which primarily covered larger employers. Under AB 1867, employees were entitled to paid sick leave if they were unable to work due to COVID-19-related reasons, such as being quarantined, experiencing symptoms, or caring for a family member affected by COVID-19.
SB 114 (2022) – Reinstatement of COVID-19 Supplemental Paid Sick Leave:
SB 114 reinstated and expanded COVID-19 Supplemental Paid Sick Leave for employees in 2022. It required employers with 26 or more employees to provide up to 80 hours of paid sick leave for COVID-19-related reasons, including vaccine-related issues, caring for a family member, or quarantine. The law was intended to address the ongoing impacts of the pandemic and ensure workers had access to adequate paid leave.
AB 321 (2023) – Emergency Paid Sick Leave for Natural Disasters:
AB 321, effective January 1, 2024, introduced a new provision allowing employees to use paid sick leave during officially declared natural disasters or emergencies. This law recognizes the need for flexibility in the face of natural disasters, allowing workers to take sick leave when they or their family members are affected by events like wildfires, earthquakes, or other emergencies that impact their health or safety.
AB 1949 (2022) – Bereavement Leave:
AB 1949, effective January 1, 2023, allows employees to take up to five days of unpaid bereavement leave, which may be supplemented by accrued paid sick leave if available. While not strictly a sick leave law, this legislation highlights the increasing recognition of employees’ need for time off to address personal and family health issues, including the aftermath of a family member’s death.
SB 95 (2021) – COVID-19 Supplemental Paid Sick Leave for Large Employers:
SB 95, enacted in March 2021, required employers with 25 or more employees to provide COVID-19 Supplemental Paid Sick Leave. It provided up to 80 hours of paid leave for employees unable to work due to COVID-19-related reasons, including illness, quarantine, vaccination, or caring for a family member. This law was part of California’s broader effort to mitigate the impact of the pandemic on workers.
AB 122 (2019) – Clarifications on Accrual Methods
Effective Date: January 1, 2020, AB 122 made technical amendments to Labor Code Section 246, providing clarifications on the methods employers can use to calculate and accrue paid sick leave. This amendment aimed to simplify the implementation of sick leave policies, particularly concerning alternative accrual methods that differ from the standard 1 hour of leave per 30 hours worked.
Please feel free to call us today to discuss how you can protect your business by staying up to date with California Paid Sick Leave law!