Year End Updates, California Labor Code & Paid Sick Leave 2022

In Effect as of 1/1/2022

Employer coverage. All employers with at least one employee who works more than 30 days in a year in California are covered. This includes any person employing another under any appointment or contract of hire. Cal. Lab. Code § 245.5(b).

Accrual. Employees accrue one hour of sick leave for every 30 hours they work, up to 48 hours of leave per year. They may use up to 24 hours in a year. Cal. Lab. Code § 246(b).

90 Day period. New employees can begin using paid sick leave beginning on the 90th day of employment. Cal. Lab. Code § 246(c).

An employee may determine how much paid sick leave he or she needs to use, provided that an employer may set a reasonable minimum increment, not to exceed two hours, for the use of paid sick leave. Cal. Lab. Code § 246(k).

Carryover. All banked hours (which are capped at 48 hours) carry over from year to year. Payout. Employees are not entitled to a payout at the end of their employment. Cal. Lab. Code § 246.

Notice requirements. Employers must post a notice describing employees' rights to paid sick leave, and include it in the Wage Theft Prevention Act notification. Cal. Lab. Code § 247.

Penalties. An administrative penalty of up to $4,000 total is available. This may include three times the value of paid sick days the employer withheld, fines for harm to the employee, liquidated damages, and interest. Cal. Lab. Code § 248.5(e).
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