🍽️CA

Restaurant & Hospitality Leave Management in California

Complete guide to managing employee leave for restaurant & hospitality businesses in California.

California Leave Law Overview

Paid Sick Leave
Required
Paid Family Leave
Available
Industry Avg PTO
8 days
Industry
Restaurant & Hospitality

Why Restaurant & Hospitality Leave Management in California is Unique

Restaurant & Hospitality businesses in California face a unique combination of mandatory paid sick leave requirements and paid family leave programs, combined with industry-specific challenges like high employee turnover (often 70-100% annually) and shift-based scheduling complexity.

California Compliance Requirements for Restaurant & Hospitality

Paid Sick Leave Required

SB 616 expanded California paid sick leave from 3 days to 5 days (40 hours) minimum.

Accrual Rate: 1 hour per 30 hours worked (or front-load 40 hours)
Max Accrual: 80 hours (increased from 48 hours in 2024)

California Paid Family Leave (PFL)

One of the oldest and most comprehensive state PFL programs. Funded through employee payroll deductions.

Max Duration: 8 weeks
Wage Replacement: 60-70% of wages (up to cap)

California Key Compliance Points

  • !Provide 40 hours (5 days) minimum paid sick leave
  • !Comply with CFRA for employers with 5+ employees
  • !Register for State Disability Insurance (SDI) and PFL
  • !Provide bereavement leave for employers with 5+ employees
  • !Post required workplace notices
  • !Comply with local ordinances (SF, LA, Oakland, San Diego)

Restaurant & Hospitality Challenges in California

  • *High employee turnover (often 70-100% annually)
  • *Shift-based scheduling complexity
  • *Peak season staffing needs (holidays, summer)
  • *Mix of full-time, part-time, and seasonal workers
  • *Tipped employee wage calculations
  • *Multi-location management

Recommended Leave Policies for California Restaurant & Hospitality

Accrual-Based PTO

Use hourly accrual (1 hour per 30-40 hours worked) to fairly compensate variable schedules.

Blackout Periods

Establish clear blackout dates around major holidays (Thanksgiving, Christmas, New Year's Eve, Mother's Day).

Cross-Training Requirements

Require employees to cross-train in multiple positions to ensure coverage during absences.

Advance Notice Policy

Require 2-4 weeks notice for time off requests during peak periods.

Industry Compliance Considerations

  • *State paid sick leave laws (especially California, New York, Washington)
  • *Tip credit implications for sick leave pay
  • *Break and meal period requirements
  • *Predictive scheduling laws in some cities (Seattle, San Francisco, NYC)
  • *Youth employment restrictions for workers under 18

Best Practices for California

  • *Use scheduling software integrated with leave management
  • *Build a reliable pool of on-call/substitute workers
  • *Offer incentives for working holidays (time-and-a-half, bonus pay)
  • *Track attendance patterns to identify potential issues early
  • *Create clear shift swap policies to reduce last-minute callouts

Common Mistakes to Avoid

  • XNot tracking accrued sick leave for part-time workers
  • XInconsistent enforcement of blackout periods
  • XFailing to pay out accrued PTO at termination (where required)
  • XNot accounting for tip credits when calculating sick leave pay
  • XIgnoring local predictive scheduling ordinances

Restaurant & Hospitality Industry Benchmarks

Average PTO Days
5-10 days
Sick Leave
State minimum required
Annual Turnover
70-100%
Absenteeism Rate
5-7%

Seasonal Considerations

Peak periods typically include major holidays, summer months for resorts, and local events. Plan staffing and leave blackouts 3-6 months in advance.

Simplify California Compliance

LeavePlan automatically tracks CA requirements for restaurant & hospitality businesses.

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