Can You Deny An Employee Sick Days? - Human Resource Management for Small Businesses | HRM

Summary

In this video, Taylor Darcy from Think Legal discusses the legal requirements and best practices for employee sick leave, particularly in California. Employers are mandated to provide paid sick leave, with accrual guidelines and a minimum of 24 hours per year. While compliance with the law is essential, Taylor emphasizes the importance of offering more than the bare minimum benefits to foster employee satisfaction and loyalty. By offering generous sick leave and promoting transparency, employers can boost productivity and morale, creating a positive, supportive work environment that encourages long-term success.

Takeaways

• 😀 Employers are required by law to provide sick leave to employees, with specific minimum requirements for paid and unpaid leave.
• 😀 In California, all employees, regardless of their status, are entitled to paid sick leave, with certain exceptions and limitations.
• 😀 Employees accrue sick leave at the rate of 1 hour per 30 hours worked, or 1.33 hours per 40 hours worked.
• 😀 Employers can limit sick leave to a maximum of 24 hours (or 3 days) per year, but they cannot provide less than this amount.
• 😀 Unused sick leave can be rolled over to the next year, but employers are not required to pay it out upon termination unless they choose to do so.
• 😀 Employers can choose to provide sick leave upfront for the year rather than using an accrual method.
• 😀 Employers must keep accurate records of sick leave accrued and used, and regularly provide this information to employees, preferably on their pay stubs.
• 😀 Sick leave cannot be denied, nor can employees be penalized or discriminated against for using their sick leave.
• 😀 Taking sick leave cannot be used as a negative factor during performance reviews or to hold it against the employee.
• 😀 Employers should consider offering more sick leave than the legal minimum to improve employee satisfaction, loyalty, and performance.
• 😀 Providing extra benefits like sick leave can help businesses retain good employees, foster a positive work environment, and encourage better employee performance.

Q & A

Can employers deny employees sick leave?

No, employers cannot deny employees sick leave. All employers, regardless of size, are required to provide sick leave, though the specifics may vary based on state and local laws.

What is the minimum amount of paid sick leave an employer must provide?

The minimum is one hour of paid sick leave for every 30 hours worked, or one and a third hours for every 40 hours worked. This typically equals a maximum of 24 hours, or three sick days, per year.

Can sick leave hours be rolled over to the next year?

Yes, sick leave hours can be rolled over to the next year. However, employers are not required to pay out unused sick leave upon termination, though they may choose to do so.

Can an employer limit the amount of sick leave an employee can take?

Employers can limit sick leave to a maximum of 24 hours per year, but they cannot set a lower limit. They can also offer more than the minimum amount if they choose.

How should employers track sick leave usage and accrual?

Employers must keep records of the sick leave time accrued and used, and provide this information to employees regularly, preferably on their pay stub or in some other written form.

Is it legal for an employer to use an employee's sick leave against them during performance reviews?

No, it is illegal for an employer to use sick leave against an employee in performance reviews. Sick leave cannot be held against employees, and it should not impact their evaluations or future opportunities.

Can employers choose to pay out unused sick leave upon an employee's termination?

Employers have the option to pay out unused sick leave upon termination, but they are not required to do so. This decision is up to the employer.

What is the difference between paid and unpaid sick leave?

Paid sick leave refers to compensation given to employees when they miss work due to illness, while unpaid sick leave allows employees to take time off without pay. The requirements for paid sick leave vary by jurisdiction.

How can employers encourage loyalty and performance from employees regarding sick leave?

Employers can foster loyalty by offering more than the bare minimum for sick leave. Providing adequate sick leave can improve employee satisfaction, reduce stress, and encourage higher performance. Happy employees are more likely to perform better.

Why should employers consider offering more sick leave than the legal minimum?

Offering more sick leave than the minimum helps attract and retain loyal, high-performing employees. When employees feel cared for and supported, they are more likely to go above and beyond in their work, creating a more productive and positive work environment.