Thus, an employee who works 40 hours per week accrues 1.33 hours per week of paid sick leave. This is the accrual method of earning sick leave. How do employees earn sick leave? Employees become entitled to one hour of paid sick leave for every 30 hours worked. Employees who are victims of domestic violence, sexual assault, or stalking may also avail of paid sick leave for specified purposes. Her hourly rate for paid sick leave is $9000 ÷ 480 hours = $18.Employees may use paid sick leave for the diagnosis or treatment of a health condition or for preventive care for themselves or to care for a sick family member, such as a child, parent (including parent-in-law), spouse, registered domestic partner, grandparent, grandchild or sibling.In a 90 day period, she worked 480 hours and earned $9,000: His hourly rate for paid sick leave is $5,940 ÷ 400 hours = $14.85 per hourĮmployee is paid on commissions only.Employee was paid a piece rate of $0.36 per square foot for 16,500 square feet during 400 hours of work in a 90 day period. If an employee is paid commission or piece rate, then divide total compensation for previous 90 calendar days by number of hours worked and pay this rate. If the employee’s pay fluctuates, such as being paid commissions or by piece rate, the employee’s regular rate of pay is calculated by dividing their total compensation for the previous 90 days by the number of hours worked. In order to determine how much the employer must pay the employee during sick leave, the employer must calculate the employee’s regular rate of pay. The DIR states that the “minimum requirements of the statute are 3 days or 24 hours” and therefore the employee working a 4-10 schedule is entitled to 30 hours of paid sick leave.Ĭalculating Amount Owed For Piece Rate, Commissioned Based Or Other Employees With Fluctuating Pay The DIR’s position appears to be that employees working a 4-10 schedule actually accrue, and can take, 30 hours of paid sick leave, not 24 hours. If the employer has taken the proper steps to establish an alternative workweek schedule (such as having employees work four days at 10 hours per day), the employer needs to be aware of some potential issues in calculating the amount of leave available for these employees. The DIR has taken the position in its FAQs that the three day limitation cannot “be used to prohibit a part-time employee from using at least 24 hours of accrued leave in a year.” Therefore, part-time employees must be allowed at least 24 hours of accrued leave even if this is more than three days off of work, according to the DIR’s interpretation of the statute.Īccrual Rate For Employees Working Under Alternative Work Schedules Therefore, if an employee only works six hours per day, and are sick for three days, they have only used 18 hours of paid sick leave. It is important to note that the law allows employers to limit the employee’s accrual of sick leave to 24 hours or three days. As set forth below, the Department of Industrial Relations (DIR) has attempted to explain some of these issues. Some of the more common questions employers have had deal with how to calculate the accrual rate for part-time employees and employees working alternative work schedules (such as a 4 day 10 hour schedule), and how to calculate the amount owed to employees paid by piece rate or commissions when they utilize paid sick leave. The legislation left many unanswered questions for employers to grapple with. As the July 1 deadline for employees to begin accruing paid sick leave, employers are wrestling with some of the ambiguities created by the law.
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