CA PSL Updated Guidance

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The California Division of Labor Standards Enforcement (DLSE) has issued an updated FAQ addressing employer compliance with the state’s amended paid sick leave (PSL) law with respect to part time employees.

  • The amended PSL law, which took effect January 1, 2024, requires employers to provide at least 40 hours or five days of PSL per year (up from the previous requirement of at least 24 hours or three days of PSL per year).
  • The law requires that employers that use an accrual method for granting PSL to their employees must ensure that employees accrue at least 24 hours of PSL by their 120th day of employment (and 120th day of each subsequent benefit year) and at least 40 hours of PSL by their 200th day or employment (and 200th day of each subsequent year).
  • The accrual requirements had initially created confusion with respect to part-time employees, who might not accrue the required number of PSL hours even when the required accrual formula (1 hour of PSL/30 hours worked) is applied.
  • The FAQ clarifies that as long as the 30:1 accrual ratio is applied to part-time workers’ hours, employers will be considered compliant with California PSL requirements, even if the employees do not meet the 120th and 200th day thresholds defined in the law.

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