California Expands Paid Sick Leave From Three to Five Days
Author: Michael Cardman, XpertHR Senior Legal Editor
October 6, 2023
California is significantly expanding its paid sick and safe leave law.
Effective January 1, 2024, recently enacted amendments to the Healthy Workplaces, Healthy Families Act (HWHFA) will:
- Increase the limit on how much paid sick and safe time employees can use each year from three days (or 24 hours) to five days (or 40 hours);
- Increase the limits on the annual accrual bank and on the carrryover cap from six days (or 48 hours) to 10 days (or 80 hours);
- Modify the alternate sick leave accrual method;
- Extend the law's procedural and retaliation protections to employees covered by a valid collective bargaining agreement under certain conditions; and
- Preempt local paid sick leave ordinances to the extent they conflict with the HWHFA's requirements regarding the calculation of paid sick leave, employer notice and more.
"Too many folks are still having to choose between skipping a day's pay and taking care of themselves or their family members when they get sick," California Gov. Gavin Newsom said in a statement. "We're making it known that the health and well-being of workers and their families is of the utmost importance for California's future."
But employer advocates warned the amendments may cause small businesses to reduce jobs, cut wages or raise consumer prices. "Our concern is that far too many small employers simply cannot absorb this new cost, especially when viewed in context of all of California's other leaves and paid benefits," California Chamber of Commerce President and CEO Jennifer Barrera said in a statement.