Under California law, specifically Senate Bill 616, employers must provide 5 days or 40 hours of paid sick leave per year, whichever is greater. This requirement applies to nearly all employees who work 30 or more days in California for the same employer. As a wage and hour lawyer in Los Angeles, I feel that the law represents a significant expansion of worker protections and ensures that California employees have access to paid time off when they need it most.

Key Takeaways:

• Entitlement: Increased from 3 days to 5 days (or 40 hours) as of January 1, 2024
• Accrual: Can be earned over time at a rate of 1 hour per 30 hours worked or provided upfront
• Caps: Employers can limit usage to 40 hours or 5 days per year and total accrual to 80 hours or 10 days
• New for 2025: Expanded protections for victims of violence and agricultural workers under SB 1105 and AB 2499

While the 5-day rule may seem straightforward, the calculation methods, accrual caps, and local city laws often create confusion for both workers and businesses. Understanding how these requirements apply to your specific situation is essential for protecting your rights.

What Is California Paid Sick Leave?

California paid sick leave is a mandatory benefit established under the Healthy Workplaces, Healthy Families Act of 2014, codified in the California Labor Code. This state law requires employers to provide paid time off for the diagnosis, care, or treatment of an existing health condition, or for preventive care for an employee or their family member. The law ensures that workers do not have to choose between their health and their paycheck.

This paid sick leave is separate and distinct from vacation time or paid time off (PTO). Sick leave must be paid at the employee's regular rate of pay and cannot be denied for valid health or safety reasons. Employers cannot require employees to find replacement workers as a condition of using their accrued sick leave.

Eligibility: Who Qualifies for Sick Leave?

Eligibility for California paid sick leave is broader than many people realize, covering various employment arrangements:

• The 30-Day Rule: Any employee, whether full-time, part-time, temporary, or per diem, who works 30 or more days within a year in California for the same employer is eligible for paid sick leave
• The 90-Day Waiting Period: While employees begin accruing leave from their first day of employment, employers can require a 90-day employment period before employees are allowed to use their accrued sick leave
• Exceptions: Limited exceptions apply to certain retired annuitants, employees in the construction industry covered by qualifying collective bargaining agreements, providers of in-home supportive services, and certain air carrier employees

If you work in California and have been employed for at least 30 days, you likely qualify for this protection. The law intentionally covers a wide range of workers to ensure health and safety protections extend across the workforce.

How Many Days of Sick Leave Do You Get? (The 5-Day Rule)

California employers must provide at least 5 days or 40 hours of paid sick leave per year under Labor Code Section 246. This requirement went into effect on January 1, 2024, increasing from the previous minimum of 3 days or 24 hours. The law specifies "whichever is greater," which is a critical detail that affects employees with varying shift lengths.

Understanding the "whichever is greater" provision is essential for calculating your entitlement. If an employee works 10-hour days, 5 days equals 50 hours of sick leave. In this case, the employer must provide 50 hours, not just the 40-hour minimum. Conversely, if an employee works 6-hour shifts, 5 days equals only 30 hours, but the law requires a minimum of 40 hours, so the employee is entitled to 40 hours of paid sick leave.

Pro Tip: Track your regular shift length to ensure you receive the correct amount of sick leave. If you work longer shifts, you may be entitled to more than the standard 40-hour minimum.

Accrual Methods vs. Front-Loading

Employers can choose between different methods to provide the required paid sick leave, each with distinct characteristics and benefits:

The accrual method an employer chooses affects when sick leave becomes available and whether unused leave carries over. Standard accrual requires carryover of unused hours to the next year, up to the cap, while front-loaded leave does not need to carry over if the full amount is provided again at the start of each year. Both methods must ensure employees have access to the minimum required sick leave.

• Usage Limits and Accrual Caps: California law allows employers to set certain limits on sick leave usage and accumulation, balancing employee protections with business needs.
• Annual Usage Cap: Employers can limit the use of paid sick leave to 40 hours or 5 days per year, even if an employee has accrued more than this amount. This means that while you may have 60 hours saved, your employer can restrict you to using only 40 hours within a single year. The usage cap resets annually, typically based on the employer's chosen tracking method (calendar year, anniversary year, or other 12-month period).
• Total Accrual Cap: Employers are permitted to cap the total accrual of sick leave at 80 hours or 10 days. This represents an increase from the previous 48-hour cap under the original law. Once you reach 80 hours of accrued sick leave, you stop earning additional hours until you use some of your saved time. This cap prevents unlimited accumulation while still providing a reasonable cushion for extended illness or family care needs.
• Carryover Rules: Accrued sick leave under the standard accrual method must carry over to the next year, subject to the 80-hour accrual cap. However, employers who front-load the full 40 hours at the beginning of each year are not required to carry over unused leave from the previous year. If you change jobs and are rehired by the same employer within one year, your previously accrued and unused sick leave must be reinstated.

Valid Reasons for Using Paid Sick Leave

California law specifies several legitimate reasons for using paid sick leave, covering both health and safety concerns:

• Health Care: Diagnosis, care, or treatment of an existing health condition (mental or physical), or preventive care for yourself.
• Family Care: Care for a parent, child, spouse, registered domestic partner, grandparent, grandchild, sibling, or designated person who has an existing health condition or needs preventive care.
• Safe Time (Victims of Violence): Seeking medical attention, services from a domestic violence shelter or rape crisis center, psychological counseling, safety planning, or other assistance for yourself or a family member who is a victim of domestic violence, sexual assault, or stalking.
• Agricultural Workers (New for 2025): Under SB 1105, agricultural employees can use sick leave when the employer cannot provide working conditions free from exposure to smoke, heat, or flooding.
• Expanded Safe Time (New for 2025): AB 2499 expands safe time to include relocation, enrolling children in new schools, or implementing safety plans for victims or family members of victims of qualifying acts of violence.

The "designated person" provision is particularly important because it allows you to choose one person per year for whom you can use sick leave, even if they are not a family member. Mental health conditions are explicitly covered under the diagnosis, care, or treatment provision, meaning you can use sick leave for mental health days when needed.

Local Ordinances: When Cities Require More

California state law establishes the minimum requirements, but several cities have enacted their own paid sick leave ordinances with more generous provisions. If a local ordinance provides greater benefits than state law, employers must comply with the local requirement. Your rights are determined by whichever law is most favorable to you.

Cities with their own paid sick leave mandates include Berkeley, Emeryville, Los Angeles, Long Beach, Oakland, San Diego, San Francisco, and Santa Monica. These local laws may provide for faster accrual rates, higher annual minimums, or expanded usage rights. Because these ordinances can change and may include specific provisions affecting your situation, always check your local city labor laws or consult with a local Los Angeles employment attorney to understand your full rights.

Employer Obligations: Notice and Pay Stubs

California employers have several mandatory obligations related to paid sick leave disclosure and recordkeeping under Labor Code Section 246.

Employers must list the amount of available paid sick leave on every pay stub or in a separate document provided with each paycheck. This requirement ensures employees have regular visibility into their accrued sick leave balance. The pay stub must show both the amount of sick leave available for use and may also show the amount used during the pay period.

Employers are also required to display a workplace poster created by the California Division of Labor Standards Enforcement (DLSE). This poster, known as the Paid Sick Leave Notice to Employees, must be displayed in a conspicuous location accessible to all employees. Additionally, employers must maintain records of hours worked, sick leave accrued, and sick leave used for at least three years, and these records must be made available to employees upon request.

Protecting Your Rights: Retaliation

It is illegal for employers to retaliate against employees for using accrued sick leave or for attempting to exercise their rights under California's paid sick leave law. If relation does occur, it may be in your best interest to schedule a free consultation with a relation attorney for immediate help.

Retaliation can take many forms, including:

• Termination
• Demotion
• Reduction in hours
• Denial of promotion
• Adverse employment action(s) taken because you used sick leave

Labor Code Section 246.5 specifically prohibits such retaliation and provides remedies for affected employees.

If you experience retaliation, you have the right to file a complaint with the California Labor Commissioner or pursue legal action. The law presumes retaliation if an employer takes adverse action against an employee within 30 days of the employee's use of sick leave, exercising rights under the law, or filing a complaint. Employers who violate retaliation protections may be required to reinstate the employee after wrongful termination, provide back pay, and pay additional damages.

Navigating California's labor laws can be complex, especially when you feel your rights have been violated. If you believe you were wrongfully terminated or retaliated against for exercising your right to paid sick leave, you may have grounds for legal action. Contact our experienced team at Kingsley Szamet Employment Lawyers today for a free consultation to ensure you receive the protection and compensation you deserve. Simply fill out the contact form to schedule your free consultation.

Frequently Asked Questions

Can my employer deny my sick leave request?

Generally no, if you have accrued leave and are using it for a valid reason covered by the law. Employers cannot require you to find a replacement worker or deny leave for legitimate health or safety purposes.

Do I need a doctor's note for paid sick leave in California?

The law allows you to request sick leave orally or in writing without requiring documentation for most uses. However, some employer policies may request verification for absences exceeding three consecutive days.

What happens to my sick leave if I quit or get fired?

Employers are not required to pay out unused sick leave upon termination, unlike vacation pay. If you are rehired by the same employer within one year, your previously accrued sick leave must be reinstated.

Can I use sick leave for a mental health day?

Yes, because the law covers diagnosis, care, or treatment of an existing health condition, which includes mental health conditions.

Does paid sick leave apply to part-time employees?

Yes, as long as they work 30 or more days within a year in California for the same employer.

Can I use sick leave immediately after being hired?

You begin accruing sick leave on your first day of work, but employers can require you to wait 90 days before using your accrued leave.