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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 114810
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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California Paid sick Leave Can I use the Lump sum method

Customer Question

California Paid sick Leave
Can I use the Lump sum method today for employees that have been employed by me for the past several years if I have not done so as of July 15 2015 or am I at this point have to be under Accrual Method?
If I am under Accrual method can I cap it at 3 days?
And if so can I switch to Lump sum method and if so when?
Thank you
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Yes, since the new law passed, you can still use the lump sum/non-accrual method. A no accrual/lump sum policy makes the full amount of sick leave for the year available immediately at the beginning of a year-long period, except for initial hires where it must be available for use by the 120th day of employment.

The employer must provide at least 24 hours or three days of paid sick leave per year and the full amount of this leave must be available for the employee’s use from the beginning of each year of employment, calendar year, or 12-month period as set by the employer. So you can cap it at 3 days maximum.

Under the accrual method you can cap USE of sick leave to 3 days, but not accrual of the days.

You can switch to lump sum at the beginning of the year that you want to decide when it starts, you can use calendar year or set it for some other time in the month.

Customer: replied 1 year ago.
Thanks for your response I did read the law and what you wrote is there.
But to be specific to my case:
Can I give my employee the 3 days lump some on 10/15/15 or not and if not when?
If I cant then what should I do now since my employee may want to use these days until the end of the year.Thank you
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply. Sorry for the delay, I was traveling to L.A. all day and did not have internet access.

Yes, you can give them the 3 days lump sum on ANY DAY YOU CHOOSE to begin your year. So you can give them 3 days lump sum on 10/15/15 and then on 10/15/16 etc.

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