On December 2, 2024, California released updated guidance (in the form of frequently asked questions (FAQs)) on the permissible use of paid sick leave. This guidance provides additional protections for employees and requires employers to be aware of the additional qualifying reasons for using paid sick leave.
Key Highlights of the Guidance
- Expanded Reasons for Leave. Employees can use paid sick leave for preventive care, diagnosis, or treatment of an existing health condition or for specified purposes if they or a family member are a victim of a crime. For employers with more than 25 employees, additional permissible reasons for using sick leave include:
- Seeking or assisting a family member in obtaining relief, such as a temporary restraining order or other legal protection.
- Seeking medical attention or recovering from injuries caused by a qualifying act of violence.
- Accessing services from a domestic violence shelter, rape crisis center, or similar support organization.
- Seeking psychological counseling or mental health services.
- Participating in safety planning to prevent future violence.
- Relocating or securing housing due to violence, including enrolling children in a new school or childcare.
- Caring for a family member recovering from injuries caused by violence.
- Accessing legal services related to a qualifying act of violence.
- Preparing for or attending civil, administrative, or criminal legal proceedings.
- Providing childcare or dependent care that is necessary to ensure the safety of the child or dependent adult.
- Emergency-Related Leave. Agricultural employees who work outside and who qualify for paid sick days may use them to avoid smoke, heat, or flooding created by a local or state emergency, including when the employee’s worksite is closed due to the smoke, heat, or flooding conditions.
Next Steps for Employers
To ensure compliance with these changes, employers should:
- Update Employee Handbook. Ensure your employee handbook reflects the expanded eligibility for paid sick leave.
- Review Leave Policies. Review your company’s leave policies to ensure they comply with the expanded law.
- Train Employees. Educate managers, HR personnel, and employees about the qualifying reasons for using paid sick leave and the proper procedures for requesting and using leave.
