Is Paid Sick Leave Limited to the Days and Hours an Employee is Regularly Scheduled to Work?
California’s paid sick leave law addresses accrual rates for both full-time and part-time employees, but there is no definitive statutory or case law answer to the specific question of whether a part-time employee (for example, someone working 4 or 6 hours per day) can use more than their regularly scheduled hours in a single day. The law mandates accrual of paid sick leave at no less than the “1 for 30” rate unless the employer uses the lump-sum method. The Labor Commissioner has opined that part-time employees have the right to use the full 40 hours of paid sick leave each year, even when that is over five “days” of paid sick leave. No courts or DLSE Opinion Letters directly address use of paid sick leave over a part-time worker’s daily schedule.
Based on a reasoned reading of the paid sick leave statutes and the purpose of the law, an employee should only use paid sick leave to cover the hours they are actually scheduled to work in a workday. The sick leave system is designed to ensure pay continuity when an employee cannot perform scheduled labor due to illness or related reasons—not to provide additional paid hours beyond what the employee would have worked.
DLSE Opinion Letter Guidance
The Division of Labor Standards Enforcement (DLSE) opinion letter provides some guidance, but in a slightly different context:
A California employee who works only 2 hours per day and misses a day due to illness is generally entitled to 2 hours of paid sick leave for that missed day, not 8 hours. The Paid Sick Leave law provides that employees may use accrued paid sick leave to cover hours they would normally have worked, and the entitlement is not automatically converted to an 8-hour day regardless of typical schedule. The minimum statutory requirements[1] ([e.g., 40 hours or 5 days]) refer to the employee’s regular workdays/hours, so a “paid sick day” is equivalent to that employee’s normal daily hours.
(DLSE Opinion Letter 08/07/2015)
This confirms that if a part-time employee only works 2, 4, or 6 hours per day, sick leave use aligns with those scheduled work hours, not with a generic “8-hour sick day” unless that is the employee’s regular schedule.
Using Paid Sick Leave Only When Scheduled to Work
Can an employee use paid sick leave when they are not scheduled to work? Again, there are no cases or opinion letters on point, but based on the above analysis, the answer should be no. Paid sick leave should cover missed work on a day the employee is regularly scheduled. If an employee is not scheduled to work on a particular day (for example, a typical Monday-through-Friday employee is not scheduled on a Saturday or Sunday), the employee cannot use paid sick leave for an unscheduled day, even if they or a family member are ill.
This interpretation follows the DLSE’s and DIR’s approach, which ties sick leave entitlement to scheduled, compensable work:
- Paid sick leave is a wage replacement for lost income on days the employee must normally work.
- There is no benefit in claiming paid sick leave for non-workdays, as there is no wage to replace or time to miss.
Summary
The law does not expressly whether a part-time employee can take more sick leave than their regular scheduled hours in a day, but the better reasoned interpretation is that paid sick leave use is limited to the hours actually scheduled for work.
Paid sick leave should not be available on days the employee is not scheduled to work—only on days and for the hours that were part of the employee’s regular schedule.
Employers should apply sick leave for part-time employees in a way that mirrors how pay is handled for scheduled work.
Employers and employees are encouraged to refer to the DLSE opinion letters and the DIR’s guidance and to apply the statute in a way that fulfills its wage-replacement purpose, without permitting sick leave usage beyond scheduled work hours.
The Nuddleman Law Firm helps employers and employees understand their rights and obligations under California employment laws. If you have a question about paid sick leave or other paid time off, contact Robert Nuddleman.
[1] Note: The original letter referred to 24 hours and 3 days, which was the requirements in 2015. The new requirements referenced in the quote above are the requirements as of 2024.