Updated Guidance on California Paid Sick Leave

The California Department of Industrial Relations (DIR) has issued updated guidance clarifying the implications of recent legislative changes to employers’ paid sick leave obligations. As previously reported, Assembly Bill (AB) 2499 and Senate Bill (SB) 1105 have broadened the permissible reasons for employees to use paid sick leave.
New Reasons for Paid Sick Leave Usage
Under the updated FAQs, employees may now take paid sick leave for additional reasons beyond the existing uses. These include:
- For Agricultural Workers:
- To avoid exposure to smoke, extreme heat, or flooding resulting from a local or state emergency.
- For Crime Victims:
- Employees who are victims of a crime, or have a family member who is a crime victim, may use sick leave to:
- Seek judicial relief to protect their health, safety, or welfare.
- Ensure the health, safety, or welfare of their child.
Expanded Rights for Employers with More Than 25 Employees
For companies with more than 25 employees, the updated guidance adds several additional qualifying reasons for using paid sick leave, including:
- Assisting a family member in obtaining legal relief, such as a temporary restraining order or other protective measures.
- Seeking medical attention or recovering from injuries caused by a qualifying act of violence.
- Accessing services from domestic violence shelters, rape crisis centers, or similar support organizations.
- Pursuing psychological counseling or mental health services.
- Participating in safety planning to prevent future violence.
- Relocating or securing housing due to violence, including enrolling children in new schools or childcare.
- Caring for a family member recovering from violence-related injuries.
- Accessing legal services related to a qualifying act of violence.
- Preparing for or attending civil, administrative, or criminal legal proceedings.
- Providing childcare or dependent care necessary to ensure the safety of a child or dependent adult.
Ongoing Permitted Uses of Paid Sick Leave
Employees can continue to use paid sick leave for:
- Preventative care, medical treatment, or diagnosis.
- Attending judicial proceedings if they or their family members are victims of serious felonies, theft, or embezzlement.
To remain compliant with California law, employers should review and update their paid sick leave policies to reflect these expanded mandates. Ensuring that policies align with the new requirements will help employers avoid potential legal and compliance risks.