VertiSource HR | HRIS and HR Outsourcing


Paid Sick Leave Discrepancy for Part-Time California Employees is Finally Clarified

There has been much confusion regarding the Division of Labor Standards Enforcement’s expansion to California’s Paid Sick Leave law. However, employers have received news clarifying how this expansion should be applied to part-time employees. 

California’s Paid Sick Leave

Recently, California lawmakers expanded paid sick leave entitlements from three days (24 hours) to five days (40 hours)—regardless of accrual or frontload methods.

For example, if an employer chooses to use the accrual method, the revised law states that there must be specific time frames for paid sick leave accrual, which is at least 24 hours by the employee’s 120th day on the job and 40 hours by the employee’s 200th day. 

How The Law Affects Part-Time Employees

The law affects part-timers differently. Part-time employees accrue one hour of paid sick leave for every 30 hours; thus, they cannot accrue 24 hours by their 120th day or 40 hours by their 200th day of employment. 

For instance, let’s say someone works 20 hours a week; by the end of the week, they’d only have .66 hours of paid sick leave. By their 120th day, it would only amount to less than 12 hours; on their 200th, less than 19 hours. It’s just not feasible because of the limited hours. Therefore, it needed to be clarified if employers could continue to follow this 1:30 paid sick leave accrual method for part-timers. 

Clarification on Paid Sick Leave Law

Although there was much confusion, the DLSE has now affirmed the 1:30 paid sick leave system for part-time employees. It also states if an employer is using the 1:30 system, then the employer isn’t required to provide 24 hours by the 120th and 40 hours by the 200th day.

Due to the unique requirements of California’s paid sick leave laws, and the serious consequences for employers who do not comply, it is worth reviewing and preparing these changes before applying them to your workforce.