Paid sick leave in CA for part-time employees

I think it's 40 hours or 5 days, whichever is greater.  So, if a full time shift is 9 hours a day (somehow) you'd have to accrue and pay 45 hours. And if a shift is 6 hours a day, you'd have to accrue 40 hours.

There is also language that indicates the employee can decide how many hours of sick pay they can elect to be paid when they are out for a day.  So, even if the employee typically works shorter shifts per day, or works less than 5 days per week, if they're out sick they can probably claim 8 hours a day.

I searched a lot of articles and also read the bill, but it was really hard to figure find any information about part time employees. As a result, I think that there probably is no special provision for part time, and the same rules apply to all employees.

Both of these sites says it's 40 hours or 5 days, whichever is greater:

https://www.seyfarth.com/news-insights/legal-update-if-pain-yes-gain-part-113-california-officially-expands-statewide-paid-sick-leave-law.html

https://www.ecjlaw.com/ecj-blog/california-increases-paid-sick-leave-for-employees

Hello there, @mgodden.

QuickBooks Desktop Payroll will depend on how you set up your employee paid time-off. Thus, I recommend reaching out to your state agency in regard to the state compliance.

For future reference, here is an article you can read in setting up employee time-off in QuickBooks Desktop Payroll: Set up and track time off in payroll.

Feel free to click the Reply button below if you need further assistance in setting up your employee payroll. I'm always here to help. Have a great day.

I have a number of employees who work only 5 or 6 hours a week.  Is there no minimum number of hours necessary to qualify for the forty hours.  They hit the 30 day requirement, but this seems excessive to require 40 hours of sick leave for someone who works around 300 hrs. per year.  They would prefer not to be paid as an independent contractor.  Any additional info on this would be appreciated.!

I am struggling with this as well...I am waiting for clarification from our labor attorney, but I am thinking that the wording is throwing us off. Here is summary from one of the links Big Red provided (I put in the underlines and bold print):

•   The number of paid sick days per year will be increased to 40 hours or 5 days, whichever is greater (increased from 24 hours or 3 days).
•   Employers may cap an employee’s use of paid sick leave to 40 hours or 5 days in each year of employment, calendar year, or 12-month period (increased from 24 hours or 3 days).
•   Employers may cap paid sick leave carryover accrual at 80 hours or 10 days, whichever is greater (increased from 48 hours or 6 days). The carryover requirement and accrual requirements are satisfied if the 40 hours or 5 days of paid sick leave is provided to the employee at the beginning of each year of employment, calendar year, or 12-month period.
•   Accrual remains the same at 1 hour of paid sick leave for every 30 hours worked.
•   Employers may use a different accrual method, provided that accrual is on a regular basis so that an employee has no less than 24 hours or 3 days of paid sick leave by the completion of the employee’s 120th calendar day of employment, and no less than 40 hours or 5 days of paid sick leave by the completion of the employee’s 200th calendar day of employment.
•   Employees must be able to accrue 40 hours of paid sick leave by the 200th calendar day of employment or each calendar year, or in each 12-month period.

I think he said that the 120/200 hour requirement is only if you use a different accrual method than the standard. If we use the standard, all we have to change in QuickBooks is the carryover to 80 hours.  We have lots of part time seasonal employees that may only work a few hours a week.  Can't imagine they would get 40 hrs of sick pay!  The last line says "must be able" to accrue...if they worked sufficient hours at the standard accrual rate they would earn that much by the 120th or 200th day.  If they don't work enough, their accrual will be less, which seems very fair to me.  Now they can use up to 40 hours of sick pay per year instead of 24. 

So I think my setup should be:...  Accrual period:  Every hour on paycheck.  Hours accrued per hour paid: 0.03333  Maximum number of hours to accrue: 40  Reset hours each new year?  Yes  Maximum hours in carryover: 80.00 Year begins on :  Jan 1 Begin accruing sick time on :  Jan 1 

Does this look right?  I will keep an eye on amounts and see if this works out.