On October 4, 2023, Governor Newsom signed SB 616 (Senator Lena Gonzales (D-Long Beach)) in law, guaranteeing employees at least five (5) paid sick days per year, up from the current three (3) days, while also increasing the accrual and carryover amounts. The new law is in effect as of January 1, 2024, and includes the following changes to the current paid sick leave law:

1. The amount of paid sick leave by either the frontload or accrual method is increased from three days (24 hours) to five days (40 hours);
2. The number of days that can be carried over each year is increased from three days (24 hours) to five days (40 hours);
3. The amount of paid sick leave by either the frontload or accrual method is increased from three days (24 hours) to five days (40 hours);
4. The number of days that can be carried over each year is increased from three days (24 hours) to five days (40 hours);
5. An employer may use a different accrual method, other than providing one hour per every 30 hours worked, provided that the accrual is on a regular basis so that an employee has no less than 24 hours of accrued sick leave or paid time off by the 120th calendar day of employment or each calendar year, or in each 12-month period, and no less than 40 hours of accrued sick leave or paid time off by the 200th calendar day of employment or each calendar year, or in each 12-month period.
6. The cap on paid sick leave is increased from 6 days (48 hours) to 10 days (80) hours.
7. An employer may limit an employee’s use of accrued paid sick days to 40 hours or five days in each year of employment, calendar year, or 12-month period.
8. The new law preempts any local ordinances that provide less paid sick leave requirements.

FSML will be covering more details in a November 3, 2023, webinar. More details are available here.