California sick pay

UPDATED: Oct 1, 2022

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California sick pay

This company has a NONaccrual policy
where they pay their employees 24hours
of sick pay up front at the beginning of
the year. If a person was hired on
August 6th 6 months into the year how
much sick pay are they supposed to be
given? I understand they cannot use any
sick time until 90days after employment
but how many hours of sick pay are they
supposed to be allowed or paid for
working those 6months?

Asked on January 17, 2019 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is no law setting forth sick time accrual: it is up to company policy. That said, in the absence of a policy to the contrary, simple proportionate or pro rate accrual of the total annual amount would be the norm. So if someone gets 24 hours per year and is hired when the year is half over--which would be July 1, if the employer uses a calendar year--they would get 12 hours; hired on 8/6, or a bit over 7 months into the year, they'd get 5/12ths of the sick time (since 5/12ths of the year is left) or 10 hours out of 24 maximimum possible hours.

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