An Administrator's Guide to California Private School Law

Chapter 8 – Leaves And Absences

different accrual method, other than providing one hour per every 30 hours worked, provided that the accrual is on a regular basis so that an employee has no less than 24 hours of accrued sick leave or paid time off by the 120th calendar day of employment or each calendar year, or in each 12-month period. 1047 An employer need not utilize an accrual method for paid sick leave if the employer provides at least twenty-four hours or three days of leave upfront at the beginning of each year of employment, calendar year, or twelve-month period (such as the beginning of the school year) –also known as the “frontload method.” 1048 An employee may carry over paid sick time to the following year of employment, up to an accrual cap of six days or 48 hours. 1049 An employer may also limit an employee’s use of sick leave to 24 hours or three (3) days per year, whichever is greater. 1050 Importantly, if an employee separates from employment and the employer later rehires the employee within one year from the date of separation, the employer must reinstate the employee’s previously accrued and unused paid sick time. 1051 An employee can use accrued paid sick leave beginning on the 90th day of employment. An employer may, but is not required, to lend paid sick days to an employee in advance of accrual. LCW Practice Advisor Seasonal employees, such as summer-school teachers, whose employment with the School is temporary, will continue to accrue paid sick leave if they work a minimum of 30 days and are invited back to work within one-year of their previous 2. F OR W HAT R EASON I S L EAVE P ERMITTED ? Employees may use this statutorily mandated paid sick leave for the diagnosis, care, or treatment of an existing health condition or preventative care for an employee or an employee’s family members. 1052 The Paid Sick Leave law defines the term “family member” to include all the following: child (regardless of age or dependency status), parent, spouse, registered domestic partner, grandparent, grandchild, sibling, and parent of the employee’s spouse or registered domestic partner. 1053 An employee may also use the paid sick time for other specified purposes if the employee is a victim of domestic violence, sexual assault, or stalking. 1054 Schools cannot require employees to search or find a replacement employee to cover for the employee’s paid sick leave days. 1055 employment. Accordingly, Schools should record accrual of paid sick leave for temporary or seasonal employees.

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