Sick Leave – Dolan Law Firm

Sick Leave

A. General- Labor Code 246

Labor Code 246 [ED2] sets forth California’s default minimum sick time accrual rate. It requires that an employee accrue sick leave at a rate of no less than 1 hour of sick leave for each 30 hours worked. For employees who are exempt from overtime laws and do not have a limited schedule, sick leave, pursuant to this statute, will accrue as though they worked a 40 hour week.

B. Supplemental Sick Leave for Food Service

On April 16, 2020, Governor Gavin Newsom issued Executive Order N-51-20 , which provides new paid sick leave to certain food service workers. It is additional to any other sick leave a worker may be entitled to.

The order was enacted to fill a “gap” left by the Federal Families First Coronavirus Response Act, which applies solely to employers with fewer than 500 employees. This order allows up to 80 hours of “COVID-19 Supplemental Paid Sick Leave” to certain food service workers.
Eligibility Requirements:

A Food Sector Worker is any person who meets any of the following criteria:
  1. Works in an industry or occupation defined in IWC Wage Orders 3 section 2(b) (Canning, Freezing, Preserving), 8 section 2(h) (Industries Handling Products After Harvest) or , 13 section 2(h) (Industries Preparing Agricultural Products for Market, on the Farm) or 14 section 2(d) (Employed in an agricultural occupation)
  2. Works for an entity that operates a food facility, as defined in Health and Safety Code Section 113789 (a)-(b)[ED4] . Generally, that means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level.
  3. Or Delivers food for that type of facility.
Unable to Work because:
  1. Worker subject to Federal, State, or local quarantine or isolation order related to Covid-19; or,
  2. Worker Advised by a health care provider to self-quarantine or self-isolate due to concerns related to Covid-19; or,
  3. Worker prohibited from working y the hiring entity due to health concerns related to Covid-19
If the above eligibility requirements are met, an food sector worker is entitled to up to 80 hours of Supplemental Paid Sick Leave if the worker is either considered “full-time” or was scheduled at least 40 hours per week for the hiring entity in the two weeks prior to seeking leave.
hiring entity in the two weeks prior to seeking leave. If the eligibility requirements are met, but the worker is not “full-time,” the worker would generally be entitled to hours equivalent to the number of hours they are scheduled over 2 weeks.

C. FFCRA- Emergency 2 weeks Paid

The Families First Coronavirus Response Act (FFCRA) is comprised of 2 parts. On part is the Emergency Paid Sick Leave Act (EPSLA[ED5] ). The EPSLA allows 2 additional weeks of paid sick days Between April 1, 2020 and December 31, 2020 for an employee who is:

  1. Subject to a quarantine or isolation order (Health related, not merely a shelter in place) 100% of regular pay rate up to $511 per day or $5100 overall; or,
  2. Advised by a health care provider to self-quarantine; or, 100% of regular pay rate up to $511 per day or $5100 overall; or,
  3. Has symptoms of Covid-19 and is seeking a diagnosis 100% of regular pay rate up to $511 per day or $5100 overall; or, d) Employee is caring for an individual subject to quarantine, isolation or advised to self-quar antine. 100% of regular pay rate up to $200 per day or $2000 overall; or,
  4. Caring for a child whose school or care provider is closed or unavailable due to Covid-19. 2/3 of regular pay rate up to $200 per day.
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Case Results

  • $61 million Verdict Two Lebanese-American employees subjected to outrageous racial and ethnic discrimination and harassment.
  • $20 million Verdict Former timeshare sales representative was wrongfully terminated for reporting time share fraud on the elderly.
  • $6.5 million Settlement Lawsuit brought by motorcyclist severely injured in accident caused by dangerous roadway condition.
  • $6 million Settlement Wrongful death car accident case filed on behalf of family of woman killed in a head-on collision when defendant's car crossed the center line.
  • $4.2 million Settlement Settlement reached with City of San Francisco for teen walking in crosswalk who suffered permanent brain injury after being struck by vehicle. City officials were informed intersection was dangerous and failed to make it safer.
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