Frontloading California’s new paid sick leave amount for employees may be easier and less time-consuming than using the accrual method. But which 12-month period should employers use if frontloading—the calendar year or anniversary year? Here are factors to consider.
Under the amended Healthy Workplaces, Healthy Families Act, effective Jan. 1, California employers must provide at least five days or 40 hours of paid sick leave per year, whichever is greater.
“The cost of living in California is high, and there are some parents who cannot afford to take a day off with no pay” to care for a sick child, said Mellissa Schafer, an attorney with Hinshaw & Culbertson in Los Angeles. “After the pandemic, it is not surprising to see that California expanded the paid sick leave from three days to five days.”
California employers can choose how they provide paid sick leave to employees from the following options:
Statutory accrual method. Employees are provided with at least one hour of paid sick leave for each 30 hours worked on an accrual basis beginning on the first day of employment. For example, an employee working 40 hours per week would accrue 1.33 hours of paid sick leave each week.
Other accrual methods. Employers may implement accrual methods other than the one above as long as the accruals are earned on a regular basis and the employee has accrued no less than 24 hours or three days’ paid sick leave within 120 calendar days from the date...
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