Labor Commissioner FAQ Ties Paid Sick Time Off to Work Day Length

I understand that the state is now requiring employers to provide more time off for paid sick leave than it did in previous years. My employees work an alternative workweek consisting of four 10-hour shifts per week. How many hours of paid sick leave must I allow my employees to use each year?

You are correct that beginning January 1, 2024, California state law requires additional time off for paid sick leave. Last year, the California Legislature passed SB 616. That bill amended the Healthy Workplaces, Healthy Families Act of 2014 by increasing the time off for paid sick leave from 24 hours or three days to 40 hours or five days.

The amount of time off required can be found in California Labor Code Section 246, which contains the language requiring employers to provide “40 hours or 5 days” of paid time off.

The California Labor Commissioner (which oversees the paid sick leave law in California) has made it clear that this phrase means that the employee is entitled to the greater of either the 40 hours or five days of time off. In its Frequently Asked Questions (FAQ) from December 21, 2023, the Labor Commissioner’s office addressed your specific question.

In FAQ number 2, the Labor Commissioner states that if an employee works 10-hour days, under the new law, the employee would be entitled to use 50 hours of paid sick leave per year.

However, if an employee works only 6 hours per day, that employee still would be entitled to use 40 hours of paid sick leave per year.

David Leporiere, Employment Law Expert, CalChamber

CalChamber members can read more in our updated white paper The Who, What, When and How of Mandatory Paid Sick Leave in California and in the HR Library’s Paid Sick Leave. Not a member? Learn how to power your business with a CalChamber membership.