MEMORANDUM

Subject: Accrued Paid Sick Leave and Compliance with Senate Bill 616

On January 1, 2024, the California State Legislature passed Senate Bill (SB) 616. This bill extends protections to all accrued paid sick leave. This Frequently Asked Questions "FAQ" document is meant to provide managers and supervisors with guidance on evaluating employees' use of sick leave in accordance with current interpretations of SB616.

FREQUENTLY ASKED QUESTIONS:

1. Does SB616 protect all accrued paid sick leave?

• Yes. Effective January 1, 2024, all accrued paid sick leave is considered protected under SB616. "Accrued paid sick leave" is the sick leave balance an employee has available to use at the time of the absence.

2. When employees exhaust their accrued paid sick leave and use other accruals, such as Sick - Vacation, Sick - Holiday, and Sick - Comp Time, to remain in a paid status, are they considered protected under SB616?

• No. Only accrued paid sick leave is considered protected under SB616. Sick leave used in conjunction with other PTO accruals, such as sick-vacation, sick-holiday, and sick-comp time, is not covered under SB616.

3. Is Sick Non-Paid covered under SB616?

• No. Sick Leave Non-Paid is not covered under SB616.

4. Can a supervisor still request a doctor's note for sick leave?

• Under SB616 a supervisor may not request a doctor's note for accrued paid sick leave.

• A supervisor may require an employee to submit a doctor's note for sick leave incidents if the employee has exhausted their accrued paid sick leave.

5. Is PSL affected by SB616?

• No. SB616 did not change PSL as PSL has always only applied to accrued paid sick hours. Employees have been able to designate their PSL time since January 2021.

6. Can employees still be disciplined for using sick leave?

• Under SB616, employees who have accrued paid sick leave that covers their entire absence cannot be disciplined for that absence.

• A supervisory may discipline an employee under current attendance policies after the exhaustion of accrued paid sick leave.

7. Can use of accrued paid sick leave affect hires or promotions?

• No. Accrued paid sick leave will not be counted against an employee for hire or promotion.

8. Can a supervisor discipline for misuse, abuse, or pattern use of sick leave?

• If you believe that their misuse, abuse or pattern use of sick leave you must contact the Labor Relations Department.

• Misuse, abuse, and patterned sick leave can still be used to discipline after the exhaustion of accrued paid sick leave.