SB 616 takes effect January 1 – here's how the law will work, from accrual and caps to local preemption
This week, California Gov. Newsom signed Senate Bill 616, which increases the amount of Paid Sick Leave ("PSL") that employers are required to provide to California employees. The new PSL law amends California Labor Code sections 245.5, 246, and 246.5 (the "Healthy Workplaces, Healthy Families Act of 2014").
Effective January 1, 2024, employers must provide qualifying employees (working in California) with up to five (5) days/40 hours of Paid Sick Leave ("PSL") for use per year, an increase of the current law requiring three (3) days/24 hours of PSL. Like the current law, non-exempt employees must be paid PSL at their regular rate of pay.
SB 616 states that an employer is not required to have a separate PSL benefit if it provides paid leave to employees that may be used for: (1) the same purposes as protected PSL; and (2) under the same conditions as protected PSL law. In other words, if the employer already has a paid time off benefit that permits use of paid leave with the same protections as the new PSL law, no separate PSL benefit is required. Note, however, that in contrast to current law, SB 616 requires that covered employees accrue at least five (5) days or 40 hours of protected leave within six months of employment (current law is three (3) days within 120 days of employment).
Employers that provide a...
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