Benefits and Leave - Manager Reference
Administering California Paid Sick Leave
Frontload Method
This company uses the Frontload Method for California paid sick leave under SB 616. All employees receive the full 40 hours (5 days) of paid sick leave at the beginning of each calendar year (January 1). Unused hours do not carry over to the next year.
Manager Responsibilities
- Do not deny a valid sick leave request. California law prohibits employers from denying the use of accrued sick leave.
- Do not require a doctor's note unless the absence exceeds three consecutive days.
- Do not require employees to find a replacement as a condition of using sick leave.
- Track sick leave usage and ensure balances are reflected accurately on pay stubs (coordinate with payroll).
- If an employee's balance reaches zero, notify them - but do not discipline an employee for using their legally entitled sick leave.
Eligible Uses
Employees may use paid sick leave for:
- Their own diagnosis, care, treatment, or preventive care
- Diagnosis, care, treatment, or preventive care of a family member (child, parent, parent-in-law, grandparent, grandchild, sibling, spouse, registered domestic partner)
- Leave related to domestic violence, sexual assault, or stalking
Common Manager Mistakes
- Asking for too much detail. You may ask for a general reason (e.g., "I'm sick" or "I have a medical appointment") but do not press for a specific diagnosis.
- Counting sick leave against attendance. Protected sick leave use must not trigger progressive discipline or be held against an employee in a performance review.
- Requiring advance notice for unforeseeable illness. For planned medical appointments, you may request reasonable advance notice. For sudden illness, the employee only needs to notify you as soon as practicable.
- Confusing sick leave with time-off requests. Sick leave is a legal entitlement, not a discretionary benefit. Different rules apply.
Handling Leave Requests
Paid Sick Leave
- Employee notifies you of the need for sick leave (verbal or written)
- Approve the leave - you may not deny it if the employee has available hours and the use is for a qualifying reason
- Record the hours used and update the tracking system
- Ensure the pay stub reflects the updated balance
Other Leave (Personal)
The salon does not offer paid vacation or PTO. Unpaid time-off requests should be submitted at least 2 weeks in advance and are approved based on staffing needs.
Longer Absences
If an employee will be absent for an extended period, determine whether the absence may qualify for protection under:
- California Paid Sick Leave (up to 40 hours/year)
- California State Disability Insurance (SDI) - employee files directly with EDD
- California Paid Family Leave (PFL) - employee files directly with EDD
- California Family Rights Act (CFRA) - applies to employers with 5+ employees; provides up to 12 weeks of unpaid, job-protected leave for qualifying reasons
- Pregnancy Disability Leave (PDL) - up to 4 months of unpaid, job-protected leave for pregnancy-related disability
If you are unsure whether a leave is protected, do not deny it - consult the salon owner or employment counsel first. Denying a protected leave or retaliating against an employee for taking one is a serious legal violation.
Cal-COBRA Notices
Current Status
The company does not currently offer a group health insurance plan. Because Cal-COBRA (Health & Safety Code § 1366.20 et seq.) provides continuation rights tied to an existing group plan, Cal-COBRA does not currently apply.
If the Company Begins Offering Group Health Insurance
If a group plan is established in the future, the following obligations will apply:
- Cal-COBRA applies to employers with 2–19 employees and extends COBRA-like continuation rights for up to 36 months
- Qualifying events include termination, reduction in hours, death, divorce, and other life events
- The employer must notify the health plan administrator within 30 days of a qualifying event
- The employee must be notified of their right to elect continuation coverage
- Consult the plan administrator and employment counsel to establish procedures
Record-Keeping
What to Track
- Sick leave balances for all employees (frontloaded amount, hours used, remaining balance)
- Dates and hours of all sick leave taken
- Any leave requests and approvals/denials (with reasons for denial, if applicable)
- Pay stubs reflecting sick leave balances (required by California law)
Retention
- Sick leave records: minimum 3 years (Labor Code § 247.5)
- Payroll records: minimum 4 years (Cal. Code Regs. Title 8, § 11070; Labor Code § 1174)
- Leave request documentation: retain in the employee's personnel file for the duration of employment plus 3 years
Storage
- Keep leave records in the employee's personnel file
- Personnel files must be stored securely - locked cabinet or password-protected digital system
- Employees have the right to inspect their own personnel file within 30 days of a written request (Labor Code § 1198.5)
Key California Law References
| Topic | Citation |
|---|---|
| Paid Sick Leave | Labor Code § 245–249 (SB 616) |
| Sick Leave Records | Labor Code § 247.5 |
| Pay Stub Requirements | Labor Code § 226 |
| CFRA (Family/Medical Leave) | Government Code § 12945.1–12945.2 |
| Pregnancy Disability Leave | Government Code § 12945 |
| Cal-COBRA | Health & Safety Code § 1366.20 et seq. |
| Personnel File Inspection | Labor Code § 1198.5 |
| Retaliation Prohibition | Labor Code § 246.5 |
When in doubt about whether a leave is legally protected or how to handle an unusual leave situation, consult employment counsel before taking action. The cost of a brief legal consultation is far less than the cost of a wage claim or retaliation lawsuit.
Last reviewed: March 2026