[CA] Are part-time or per diem employees entitled to paid sick leave?

Lexi, Chatbot

I understand how concerning it can be to navigate your rights regarding sick time and PTO. Can you tell me if your employer has provided any written policies regarding sick time and PTO for employees in your position?

Lexi, Chatbot

Have you discussed your concerns about sick time and PTO with your employer or HR department?

Lexi, Chatbot

Is there anything else the Employment Lawyer should know before I connect you? Rest assured they'll be able to help with your sick time entitlement.

Jessica B

Thanks for your new question. My name is Jessica and I am a licensed attorney that will be assisting you with your question. I understand you're dealing with a situation regarding your entitlement to sick time and PTO as a licensed vocational nurse in California, and whether you have legal recourse for not receiving sick pay. Are there specific aspects of this situation you're particularly concerned about?

Do you have access to any written policies or employee handbooks from your employer that outline the criteria for full-time status and benefits like sick time and PTO?

Jessica B

Based on your situation, there are several legal arguments and employment laws in California that could potentially support your case:

California's Paid Sick Leave Law: Under this law, most employees in California, including part-time and per diem employees, are entitled to paid sick leave. This law requires employers to provide at least 24 hours or three days of paid sick leave per year to employees who have worked for at least 30 days within a year from the start of their employment.

Full-Time Employment Definition: In California, the definition of full-time employment can vary by employer, but it generally refers to employees who work 40 hours per week. However, for the purposes of benefits like sick leave, the law applies to all employees who meet the minimum work requirements, regardless of full-time status.

Employer Policies: While employers can set their own policies regarding PTO and full-time status, these policies must comply with state laws. If your employer's policy requires 35 visits per week to be considered full-time, it should still align with California's legal requirements for sick leave.

Let me know if you have any questions or clarifications, if not I'll move forward with guidance.

Jessica B

1. Understanding California's Paid Sick Leave Law - In California, most employees, including part-time and per diem workers, are entitled to paid sick leave under the Healthy Workplaces, Healthy Families Act. (CA Labor Code § 245-249) This law mandates that employers provide at least 24 hours or three days of paid sick leave per year to employees who have worked for at least 30 days within a year from the start of their employment. Since you perform approximately 25 visits per week, you likely meet the criteria for this entitlement.
2. Defining Full-Time Employment - While your employer requires 35 visits per week to consider you full-time, California law for sick leave applies to all employees who meet the minimum work requirements, regardless of full-time status. Full-time employment definitions can vary, but for benefits like sick leave, the law is clear on minimum entitlements. Notably, (CA Labor Code § 245.5) defines "employee" broadly for sick leave purposes, without requiring full-time status.
3. Review Employer Policies - Check if your employer has any written policies or employee handbooks that outline the criteria for full-time status and benefits like sick time and PTO. These documents should comply with state laws, and if they don't, you may have grounds for a legal claim.
4. Discuss with HR or Management - If you haven't already, consider discussing your concerns with your HR department or management. Present your understanding of the law and ask for clarification on their policies. This step can sometimes resolve misunderstandings without further action.
5. Seek Legal Advice - If discussions with your employer don't resolve the issue, consider consulting with an employment lawyer. They can provide specific advice based on your situation and help you understand your rights and potential legal actions.
6. Potential Legal Recourse -If your employer is not complying with California's sick leave laws, you may have legal recourse. This could involve filing a complaint with the California Labor Commissioner or pursuing legal action with the help of an attorney.

Please let me know if you have further questions. I hope I was able to help resolve your issue! If you have any other questions, feel free to ask. Just a friendly reminder, you have access to experts across various fields, so don't hesitate to reach out whenever you need assistance!