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Maverick, Civil Trial and Appellate Lawyer
Category: California Employment Law
Satisfied Customers: 6421
Experience:  20 years of professional experience
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How to I implement the california paid sick leave law? My

Customer Question

How to I implement the california paid sick leave law?
My staffing coordinator is on a monthly salary basis whereby the arrangement is she works 4 hours in the office everyday and gets 1 day off each week. This arrangement was done as she does some work outside the office like taking calls from Hospitals and staff for their assignments during those times. If her hours exceed 40 hours a week, she is accordingly paid overtime for those hours. If she works on holidays, she get paid holiday pay as well.
So for her case, how does the paid sick leave work or applied? If she goes off 1 day on sick leave, do I pay her 1 day sick leave on top of her regular pay that day or do I just pay her sick leave for that 1 day and no regular pay?
Example, if her converted daily rate is $115 a day, does this mean if she avails of sick leave that day, I pay her $115 regular pay + $115 for sick leave = $230? Or do I pay her only for $0 regular pay + $115 sick leave = $115?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Maverick replied 1 year ago.

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Expert:  Maverick replied 1 year ago.

See partial answer above.


Under CA law, there is no requirement that an employee be given the right to cash out any unused sick days like they can with vacation time. So, if your employment policy does not provide for that, you would, for this salary-based employee, pay her only the converted daily rate of $115.00 for a day where she takes sick leave and $0.00 for regular pay.