AB 2841: Sick leave: accrual and use.

(1)Under existing law, an employee who works in California for 30 or more days within a year from the commencement of employment is entitled to paid sick days for certain purposes, to be accrued at a rate of no less than one hour for every 30 hours worked, and to be available for use beginning on the 90th day of employment, so that an employee has no less than 24 hours of accrued sick leave or paid time off by the 120th calendar day of employment or each calendar year, or in each 12-month period. Existing law provides that an employer may satisfy the accrual requirements of this section by providing not less than 24 hours or 3 days of paid sick leave that is available to the employee to use by the completion of his or her 120th calendar day of employment. Under existing law an employer has no obligation under these provisions to allow an employees total accrual of paid sick leave to exceed 48 hours or 6 days, provided that an employees rights to accrue and use paid sick leave are not otherwise limited, as specified. Under existing law, an employer is required to permit sick leave to carry over to the following year of employment, but may limit the carryover amount to 24 hours or 3 days.

This bill would change the requirements of the employers alternate sick leave accrual method to require no less than 40 hours of accrued sick leave or paid time off by the 200th calendar day of employment, as specified. The bill would also provide an employer is under no obligation to allow an employees total accrual of paid of sick leave to exceed 80 hours or 10 days, as specified. The bill would raise the limitation on sick leave carried over to the following year of employment to 40 hours or 5 days.

(2)Existing law provides that providers of in-home supportive services accrue sick leave in accordance with a schedule that is based on the timeline for state minimum wage increases, up to a maximum of 24 hours or 3 days when the minimum wage reaches $15 per hour.

This bill would increase the sick leave accrual for in-home supportive services providers to 40 hours or 5 days for employment beginning January 1, 2026.