California Employment Law
California Employment Law Questions Answered by Legal Experts
Is there a cap on this? What I mean is, do we track this forever, with the employee building up a "bank" of hours that just grows and grows or does it stop and start over? Say the beginning of a new year or how does this work?
If this is never ending, then we'd have to go back and determine the number of hours worked since they started and set-up a separate account just to track the 1 hour due, every time they'd worked 30 hours - correct?
Is there a cap on this?A: For employees of Small Businesses (ones for which fewer than 10 persons, including part-time and temporary employees, work for compensation during a given week), there is a cap of 40 hours of accrued paid sick leave. For employees of other employers, there is a cap of 72 hours of accrued paid sick leave. The sick leave benefits do not expire -- however an employee could not legally complain or sue over being deprived benefits beyond the three year statute of limitations from the date that the employee first attempts to use and is denied the accrued sick leave benefit. Cal. Code Civ. Proc. 338(a). Re how you would account for this in your payroll records, that's a question for your bookkeeper/controller/CPA, etc. Hope this helps.
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