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The Healthy Workplaces, Healthy Families Act requires employers to provide 40 hours or five days of paid sick leave.
The California Labor Commissioner has made it clear that the employee is entitled to the greater of either the 40 hours or 5 days of time off. In its Frequently Asked Questions (FAQ) from December 21, 2023, the Labor Commissioner’s office addressed this specific question.
In FAQ number 2, the Labor Commissioner states that if an employee works 10-hour days, under the new law, the employee would be entitled to use 50 hours of paid sick leave per year.
However, if an employee works only six hours per day, that employee still would be entitled to use 40 hours of paid sick leave per year.
Read more about Calculating Leave – Employer Options in the HR Library.