California Labor Code 246.5 – (a) Upon the oral or written request of an employee, an employer …
(a) Upon the oral or written request of an employee, an employer shall provide paid sick days for the following purposes:
(1) Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee’s family member.
Terms Used In California Labor Code 246.5
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means Department of Industrial Relations. See California Labor Code 19
- Employer: means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities. See California Labor Code 245.5
- Family member: means any of the following:
California Labor Code 245.5
- Labor Commissioner: means Chief of the Division of Labor Standards Enforcement. See California Labor Code 21
- Paid sick days: means time that is compensated at the same wage as the employee normally earns during regular work hours and is provided by an employer to an employee for the purposes described in Section 246. See California Labor Code 245.5
- Violation: includes a failure to comply with any requirement of the code. See California Labor Code 22
(2) For an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described in subdivision (c) of Section 230 and subdivision (a) of Section 230.1.
(b) An employer shall not require as a condition of using paid sick days that the employee search for or find a replacement worker to cover the days during which the employee uses paid sick days.
(c) (1) An employer shall not deny an employee the right to use accrued sick days, discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using accrued sick days, attempting to exercise the right to use accrued sick days, filing a complaint with the department or alleging a violation of this article, cooperating in an investigation or prosecution of an alleged violation of this article, or opposing any policy or practice or act that is prohibited by this article.
(2) There shall be a rebuttable presumption of unlawful retaliation if an employer denies an employee the right to use accrued sick days, discharges, threatens to discharge, demotes, suspends, or in any manner discriminates against an employee within 30 days of any of the following:
(A) The filing of a complaint by the employee with the Labor Commissioner or alleging a violation of this article.
(B) The cooperation of an employee with an investigation or prosecution of an alleged violation of this article.
(C) Opposition by the employee to a policy, practice, or act that is prohibited by this article.
(d) Notwithstanding subdivision (a) of Section 245.5, for purposes of this section, “employee” shall include an employee described in paragraph (1) of subdivision (a) of Section 245.5.
(Amended by Stats. 2023, Ch. 309, Sec. 3. (SB 616) Effective January 1, 2024.)