There may be situations where paid sick days are used to supplement the SDI or PFL benefits and provide whole compensation. SDI and PFL only partially replace an employee’s regular wages. For more information, see State Disability Insurance and Paid Family Leave.

If an employee is on a CFRA or FMLA leave of absence and does not receive any type of state wage replacement benefit, you can generally require the employee to use employer-provided paid leave (such as sick, vacation or PTO) to cover the unpaid CFRA/FMLA leave. For more information, see Pay and Benefits During Family and Medical Leave.

However, employers shouldn’t require employees to use their paid sick leave time accrued under the state’s mandatory PSL law. Though CFRA and FMLA regulations allow employers to require the use of accrued benefits during the employee’s leave, the California Labor Commissioner has not provided guidance on whether employers can require the use of paid sick leave provided under the Healthy Workplaces Healthy Families Act. Employers should consult with legal counsel on this issue.

• The interaction of the PSL mandate with other leave and benefit laws is not specifically addressed by the Act.

• Note that you cannot require an employee to use accrued paid leave during FMLA or CFRA leave if the employee is receiving SDI, workers’ compensation insurance or other types of disability benefits.