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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37855
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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California sick paid leave. I am a chauffeur. I am paid an

Customer Question

For the California sick paid leave. I am a chauffeur. I am paid an hourly rate plus 20% of the vehicle rate per hour. SDI is paid on the entire pay. Does my sick pay include my whole wages and not just my base hourly rate?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.

Good morning,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

Under CA law, an employer must generally provide an employee with at least 24 hours (3 eight hour shifts or 2 twelve hour shifts) of sick leave per year.

Your sick leave benefits must be paid at your regular hourly rate. However, if an employee's pay fluctuates like yours does because it is in part dependent on a percentage of the vehicle rate in addition to your base hourly rate, then your employer must determine your hourly sick leave pay rate by dividing your total compensation for the previous 90 days by the number of hours worked in that 90 day period, and pay you that rate.

So your sick leave pay will be a combination of your hourly rate and the average of the vehicle rate percentage you have earned over the previous 90 days.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,