Are there any legal requirements to pay for holiday, vacations or sick leave?
“There is generally no legal requirement for private sector employers to provide holidays or vacations; however, if employers do offer holidays and vacations, they should ensure they follow the policies they enact to the letter. And while the law does not require employers to offer vacation, if employers do, they must adhere to additional rules that require unused vacation to be paid at termination and prohibit “use it or lose it” limitations. Employers may “cap” the accrual of vacation but may not limit that cap to an amount equal to what the employee would earn in one year’s time.
Paid sick leave is now mandated for all employees in California, including part-time and temporary employees. Some municipalities (e.g., San Francisco, Los Angeles, San Diego, etc.) have requirements greater than the state minimum of 24 hours in a 12-month period. Employers may either front load the entire 24 hours at the beginning of the 12-month period or allow employees to accrue at a rate of no less than one hour for every 30 hours worked. If employers use the latter method, employees must be allowed to accrue up to 48 hours, even though the employee may not access the reserve amount until the following 12-month period.
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