If an employee works 30 days a year, but works 1 hour each day for a total of 30 hours a year, are they entitled to the minimum 3 days (72 hrs) of sick pay per Ca law???? My payroll company Surepayroll said the minimum of 3 days is required but how can an employee earn more sick pay than hours they have worked?
California has the most generous sick pay rules of all US states. You didn’t mention which city you’re in or how large your business is (how many employees) which may make a difference. You may want to read the law for yourself: California’s Healthy Workplaces, Healthy Families Act of 2014 (AB 1522).
The 24 hours required in most of California is for full-time employees. An employee who works 30 hours a year, isn’t full-time. In that case, you have to calculate their sick leave using an accrual that gives them one hour of sick time for every 30 hours worked. In your example, if they earn one hour for every 30 hours worked, they’d be entitled to one hour of sick pay a year.
It’s possible your payroll provider misunderstood your question, or perhaps your worker is employed in San Fransisco as they require 72 hours a year for full-time employees. But in any case, the employee you describe isn’t working full time.
Best of luck to you!
Laura, HR Staff Writer, SPHR, MA Ed
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