CA Department of Industrial Relations Releases FAQ on New Paid Sick Leave Entitlements

Under California’s existing Paid Sick Leave law, eligible employees may use paid
sick leave under certain circumstances involving domestic violence, sexual assault and
stalking. Effective January 1, 2025, employees may be eligible, depending on the size of
the employer, to take protected paid sick leave if they, or a qualifying family member, are
a victim of a qualifying act of violence and they need time off to obtain or attempt to obtain
any relief, including but not limited to, a temporary restraining order, restraining order, or
other injunctive relief, to help ensure the health, safety, or welfare of the victim or their
child. Additionally, employers with 25 or more employees must allow eligible employees
to use available paid sick leave for a number of additional reasons relating to crime victim
leave.

Effective January 1, 2025, agricultural workers under Wage Orders 8, 13 and 14
who work outside may use available paid sick leave to take time off to avoid smoke, heat
or flooding relating to a local or state emergency, including when the employee’s worksite
is closed due to the smoke, heat, or flooding conditions.
The Department of Industrial Relations has released updated answers to
Frequently Asked Questions (FAQ) relating to the new expansions of the paid sick leave
permissive uses. The FAQs, although not entirely helpful, do clarify the rights provided to
employees depending on the size of the employer. The FAQs can be found here:
https://www.dir.ca.gov/dlse/paid_sick_leave.htm.

What This Means for Employers:
Employers should familiarize themselves with the expanded permissive uses of
paid sick leave and ensure they train their supervisors to identify when an employee is
requesting time off with pay pursuant to one of the new eligible uses. Employers should
also review their policies, including their handbooks, and update them as needed for
compliance with the new leave entitlements.

The goal of this article is to provide employers with current labor and employment law
information. The contents should neither be interpreted as, nor construed as legal advice or
opinion. The reader should consult with Barsamian & Moody at (559) 248-2360 for individual
responses to questions or concerns regarding any given situation.