Work · Paid sick leave
Paid Sick Leave Law in California
Whether an employer in California must provide paid sick leave, how much you accrue, who is covered, and whether a city ordinance fills the gap where the state has no mandate. Cited to the statute.
What the paid sick leave law requires in California
Who must provide it, how leave accrues and caps, and the workers the rule does not reach.
Paid-sick-leave law changes quickly, with new state amendments and city ordinances arriving regularly. SB 616 raised the California minimum to 40 hours effective January 1, 2024, and local rules can require more. Confirm the current state minimum and any city ordinance before relying on a figure.
| What the law requires | What it means |
|---|---|
| Who must provide it | Under the Healthy Workplaces, Healthy Families Act (Labor Code Sections 245 to 249), almost every California employer must provide paid sick leave. An employee qualifies after working in California for the same employer for 30 or more days within a year, and can begin using leave after 90 days of employment. Full-time, part-time, and temporary workers are covered. |
| Accrual rate and yearly cap | Sick leave accrues at one hour for every 30 hours worked. SB 616, effective January 1, 2024, raised the amount an employee may use to at least 40 hours or 5 days each year. An employer may instead give the full 40 hours or 5 days at the start of each 12-month period, which is called frontloading, with no accrual tracking required. |
| Carryover and accrual cap | When leave accrues rather than being frontloaded, unused hours carry over to the next year. The employer may cap total accrual at 80 hours or 10 days and limit use to 40 hours or 5 days per year. Leave may be used for the employee or a family member and for specified safe-leave reasons such as domestic violence. |
| Where it does not apply | What it means |
|---|---|
| A qualifying collective bargaining agreement | Some employees covered by a valid collective bargaining agreement that meets set conditions, including a comparable paid sick leave benefit, are treated under the agreement. The agreement may incorporate the statute or be more generous, but it cannot cut below the state floor. |
| A few narrow worker categories | Certain workers sit outside the general rule or follow their own version, including some providers of in-home supportive services and some airline flight-deck or cabin crew who already receive comparable paid time off. These are limited carve-outs, not a small-business exemption. |
| An existing PTO policy can satisfy the law | An employer with a paid time off or paid sick leave policy that already provides at least the required amount, for the same uses and on the same terms, does not have to add a separate bank. Many California cities, such as San Francisco, Los Angeles, and San Diego, require more, and the more generous rule applies. |
What you can do right now
Concrete, neutral steps around sick leave in California. This is legal information, not legal advice.
- Check that leave is accruing
Look at a pay stub or itemized wage statement, which must show available paid sick leave. If you have worked 30 or more days in a year and see no accrual, the employer may not be complying.
- Confirm the current 40-hour minimum
Since January 1, 2024, the usable minimum is 40 hours or 5 days a year, up from the old 24 hours or 3 days. If your employer still caps use at three days, that figure is out of date.
- Check your city rule
If you work in a city with its own ordinance, such as San Francisco or Los Angeles, you may be entitled to more than the state minimum. The more generous rule controls, so compare both.
- File with the Labor Commissioner
If an employer denies paid sick leave, retaliates, or does not track accrual, you can file a claim with the California Labor Commissioner, which enforces the Healthy Workplaces, Healthy Families Act.
If you were denied leave the law provides, the state labor department takes complaints and can explain the accrual rules and any penalty. Where the state has no mandate, check your city.
→ California Labor Commissioner (DIR) · Paid Sick LeaveThis is general legal information, not legal advice. Accrual, caps, and city ordinances turn on employer size and location, so confirm your situation against the statute.
What workers in California get wrong about paid sick leave
California requires paid sick leave for nearly every worker in the state. Under the Healthy Workplaces, Healthy Families Act of 2014, Labor Code Sections 245 to 249, an employee who works in California for the same employer for 30 or more days within a year earns paid sick leave, and can start using it after 90 days on the job. Leave accrues at one hour for every 30 hours worked. SB 616, effective January 1, 2024, raised the yearly minimum an employee may use to 40 hours or 5 days, up from the earlier 24 hours or 3 days. An employer may instead frontload the full 40 hours at the start of each year. Accrued leave carries over, though the employer may cap total accrual at 80 hours or 10 days. Several California cities require even more, and the more generous rule wins. So in California, paid sick leave is a legal floor, not a perk.
Common questions
Does California require paid sick leave?
Yes. The Healthy Workplaces, Healthy Families Act (Labor Code Sections 245 to 249) requires almost every employer to provide paid sick leave to an employee who works 30 or more days in a year for the same employer.
How much sick leave do you get in California?
Leave accrues at one hour for every 30 hours worked. Since January 1, 2024, under SB 616, an employer must let you use at least 40 hours or 5 days a year, and may cap total accrual at 80 hours or 10 days.
When can you start using paid sick leave in California?
You accrue from the start of employment but generally can begin using paid sick leave after 90 days on the job. Leave can be used for your own health, to care for a family member, or for certain safe-leave reasons.
Do California cities have their own sick leave rules?
Yes. Cities such as San Francisco, Los Angeles, San Diego, and Oakland have ordinances that provide more than the state minimum. Where a local rule is more generous, the employer must follow it.
What if my employer will not give me paid sick leave?
You can file a claim with the California Labor Commissioner, which enforces the state paid sick leave law and can order back pay and penalties. Retaliation for using or requesting leave is also prohibited.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.