An employee accrues paid sick leave under the statutory method, but does not use any of it by the end of the year. Under Labor Code §246(d), what must happen?
Explanation
Labor Code §246(d) says accrued paid sick days carry over to the following year of employment. What an employer may cap is USE - 40 hours or five days a year, in the same subdivision - while §246(j) lets total accrual stop at 80 hours or 10 days. Neither cap destroys anything: hours above the annual use limit stay on the books, and the accrual ceiling merely pauses further accrual, so a January 1 reset to zero is not authorised. Sick leave is also not vacation: the statute does not require the balance to be cashed out at year-end, or paid at all on separation.
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