Many California employers are assuming--incorrectly--that because they have an existing paid time off (PTO) or sick leave policy, they do not need to review their policies for compliance with California's new paid sick leave law, which requires paid sick leave starting on July 1, 2015. For example, policies containing these common provisions will not comply with the new law:
- Requiring new hires to wait 90 days before they earn PTO or sick leave
- Requiring new hires to wait 6 months before they can take PTO or sick leave
- Limiting paid sick leave to certain classifications of employees
- Accruing sick days over time but then not carrying them over to the next year
The law contains many ambiguities and unanswered questions, so a thorough review of existing policies with legal counsel can help minimize the risk of a lawsuit in the future.