On October 4, 2023, California Governor Gavin Newsom signed Senate Bill (SB) No. 616 into law, which expands California’s mandatory paid sick leave from three days (or twenty-four hours) to five days (or forty hours). The increased paid sick leave requirements take effect on January 1, 2024.

Background

In 2014, California enacted the Healthy Workplaces, Healthy Families Act of 2014 (“HWHFA”), providing California employees with paid sick leave. The HWHFA became effective on July 1, 2015, and has been amended slightly throughout the years.

Under the existing law, eligible employees accrue paid sick days at the rate of one hour per every 30 hours worked, beginning at the commencement of employment. The HWHFA applies to full-time, part-time, and temporary workers who work for the same employer for at least 30 days within a year in California and complete a 90-day employment period before taking any paid sick leave. Upon the oral or written request of an employee, an employer must provide paid sick days for the following purposes:

1. Diagnosis, care or treatment of an existing health condition of, or preventive care for, an employee or an employee’s family member; and
2. For an employee who is a victim of domestic violence, sexual assault or stalking.

The law defines “family member” to include the following individuals: child, (which means a biological, adopted or foster child, stepchild, legal ward or a child to whom the employee stands in loco parentis regardless of age or...

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