Sick Leave Waiting Periods May Not Be Imposed on Existing Employees

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lee_sunnyWe recently changed a part-time employee to full time. Does she have to work 30 days in this new position before she is entitled to sick leave and 90 days before she can use paid sick leave?

No, you may not impose additional waiting periods on an existing employee when he changes his job or employment classification within a company, whether it involves a new position or change in classification, such as going from temporary to regular or part time to full time.

New Hires

The law does allow waiting times, but they apply only to new hires that are hired after July 1, 2015.

For new hires, an employer may require that they work for the company for 30 days to be eligible for sick leave and work 90 days before sick leave could be used.

It is important that employees not be denied paid sick leave by requiring a new waiting period after a job or classification change.

For an in-depth review of sick leave, visit the home page of HRCalifornia.com and click on the Paid Sick Leave link. You also may call the Helpline with questions.


The Labor Law Helpline is a service to California Chamber of Commerce preferred and executive members. For expert explanations of labor laws and Cal/OSHA regulations, not legal counsel for specific situations, call (800) 348-2262 or submit your question at www.hrcalifornia.com.

Staff Contact: Sunny Lee

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Sunny Lee
About Sunny Lee
Sunny Lee joined the CalChamber in 1995 and currently is an HR adviser. Before joining the CalChamber staff, Lee represented employers in state and federal court and before governmental agencies. She has extensive dispute resolution experience, having served as a court mediator in harassment cases, employment disputes and business litigation. She has trained employers and conducted audits of employment practices. Lee earned a J.D. from the McGeorge School of Law, University of the Pacific.