What happened?

The Division of Labor Standards Enforcement (DLSE) updated its FAQs governing California’s Paid Sick Leave (PSL) regarding part-time employees. 

What are the details? 

Employers had an idea of the method and rate they should use, the department made a helpful clarification in clearing the doubt: could employers continue to follow the 1:30 PSL accrual method for part-time employees or not? 

Although the clarification to the FAQs was made without any public announcement, the FAQs now specifically affirm the use of a 1:30 PSL accrual system, regardless of the 120/200-day benchmarks, and further clarify how employers utilizing a different accrual approach can remain in compliance for part-time employees.

Business Considerations 

• Create or update your policies regarding Paid Sick Leave for Part-Time employees. 
• In case you had a 1:30 system or another, now you can have an assurance from the department that the method used is complying.

Resources

• Paid Sick Leave in California
• Updated California Paid Sick Leave: Frequently Asked Questions

Source References

• California Finally Clarifies Key Paid Sick Leave Discrepancy for Part-Time Employees (Fisher & Phillips LLP.)
• CALIFORNIA’S PAID SICK LEAVE LAW (Small Business Majority)
• California Labor Enforcement Agency Clarifies Sick Leave Rule (CDF Labor Law LLP)

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