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California Paid Sick Leave Law: What Every Worker Needs to Know

Every California employer must provide paid sick leave with no exceptions. Whether you work full-time, part-time, temporary, or seasonal, you accrue at least 40 hours (5 days) of paid sick leave per year starting from your first day of work.

This law applies to all employers in California, from Fortune 500 companies to solo practitioners. If you work in California, you have paid sick leave rights that your employer cannot take away.

What Is California Paid Sick Leave?

California’s paid sick leave law went into effect in 2015 and has been strengthened multiple times. The law requires all employers to provide paid time off for illness, medical appointments, preventive care, and family care.

This is mandatory, not optional. Employers cannot exempt themselves by claiming financial hardship, small business status, or any other reason.

The California Labor Commissioner enforces this law. Violations result in penalties, back pay, and damages.

Source: California Labor Code § 246

Who Is Covered by Paid Sick Leave Law

The law covers nearly every California worker with very few exceptions.

Covered Employees

You’re covered if you:

  • Work in California for 30 or more days in a year
  • Work for any employer (regardless of size)
  • Are full-time, part-time, temporary, or seasonal

Coverage includes:

  • Office workers
  • Retail employees
  • Restaurant workers
  • Healthcare workers
  • Construction workers
  • Agricultural workers
  • Domestic workers
  • Gig workers classified as employees
  • Nonprofit employees
  • Government employees

Extremely Limited Exceptions

Not covered:

  • Independent contractors (but many misclassified workers are actually employees)
  • Certain airline crew members (covered by federal law)
  • Some retired annuitants
  • Certain union members with collective bargaining agreements (if agreement provides equivalent paid leave)

If you’re uncertain about your status, assume you’re covered. Employer misclassification is common.

Example: Maria works 15 hours per week at a coffee shop with 3 employees. She’s covered. The small employer size doesn’t matter. Her part-time status doesn’t matter. She accrues paid sick leave.

How Sick Leave Accrues

Employers can choose between two accrual methods. Both must meet minimum requirements.

Accrual Method 1: Ongoing Accrual

Rate: 1 hour of sick leave for every 30 hours worked

Example calculation:

  • Work 40 hours per week = 1.33 hours sick leave per week
  • Work 52 weeks = approximately 69 hours sick leave per year

When you can use it: After working 90 days for the employer

Carryover: Unused hours carry over to next year (with limits explained below)

Accrual Method 2: Upfront Annual Grant

Amount: Employer provides at least 40 hours (5 days) at the beginning of each year

When you can use it: Immediately (no 90-day waiting period)

Carryover: No carryover required because employee gets fresh 40 hours each year

Which Method Is Better for You?

Method 1 (accrual) is better if:

  • You work full-time (you’ll earn more than 24 hours)
  • You don’t use much sick leave (you can bank hours up to 48-hour cap)

Method 2 (upfront grant) is better if:

  • You’re new (no 90-day wait)
  • You work part-time (guaranteed 40 hours even if you’d earn fewer)
  • You use sick leave regularly

Example: David works full-time. Under accrual method, he earns about 69 hours per year. His employer caps usage at 40 hours per year but lets him accrue up to 80 hours. David uses 15 hours in year 1, carries over 54 hours, and accrues 69 more in year 2. He now has 123 hours accrued but is capped at 80 hours banked.

Minimum Amounts: What You’re Guaranteed

California law sets minimum standards. Employers can be more generous but not less.

Minimum Accrual

  • Accrual method: 1 hour per 30 hours worked
  • Upfront method: 40 hours (5 days) per year

Minimum Usable Per Year

At least 40 hours (5 days) of sick leave must be available for use per year (effective January 1, 2024).

Employers can cap usage at 40 hours per year even if you’ve accrued more.

Maximum Carryover Cap

Employers can limit accrued sick leave to 80 hours (10 days) total banked (effective January 1, 2024).

Example: Chen has 80 hours of sick leave banked (the cap). He accrues 1.33 more hours this week. His employer doesn’t have to let him bank those additional hours. But he can still use 40 hours this year.

No “Use It or Lose It” for Accrued Leave

If your employer uses the accrual method, you carry over unused sick leave to the next year. Employers cannot force you to forfeit accrued leave at year-end.

Exception: If employer uses upfront grant method, they can give fresh 40 hours each year with no carryover.

What You Can Use Sick Leave For

California’s law covers more than just your own illness. You can use paid sick leave for many qualifying reasons.

Your Own Health

Diagnosis, care, or treatment of existing health condition:

  • Doctor appointments
  • Dentist appointments
  • Therapy or counseling
  • Physical therapy
  • Prescription pickup
  • Medical procedures

Preventive care:

  • Annual physical exams
  • Vaccinations
  • Screening tests
  • Well-child visits (if you bring your child)

Family Member Care

Use sick leave to care for family members (called “kin care”):

Covered family members:

  • Child (biological, adopted, foster, stepchild, legal ward, or child you stand in loco parentis to)
  • Parent (biological, adoptive, foster, stepparent, legal guardian, or person who stood in loco parentis when you were a minor)
  • Spouse or registered domestic partner
  • Grandparent
  • Grandchild
  • Sibling

What qualifies:

  • Taking family member to doctor
  • Caring for sick family member
  • Caring for family member with mental illness
  • Helping family member recover from surgery

Victim of Domestic Violence, Sexual Assault, or Stalking

If you’re a victim, you can use sick leave for:

  • Medical treatment for injuries
  • Psychological counseling
  • Safety planning
  • Victim services
  • Legal proceedings
  • Obtaining restraining orders
  • Relocation for safety

Public Health Emergency

During public health emergencies (like COVID-19 pandemic), you can use sick leave when government authority recommends you stay home.

Example: Jasmine’s son has the flu and school sends him home. She uses 2 days of paid sick leave to care for him. This is legal kin care use. Her employer cannot deny this or require her to use vacation instead.

How to Request Sick Leave

You have the right to use accrued sick leave. Here’s how to request it properly.

Advance Notice When Possible

Foreseeable use (scheduled doctor appointment, planned procedure):
Give reasonable advance notice – usually same notice as requesting other time off

Unforeseeable use (sudden illness, family emergency):
Give notice as soon as practicable – usually call/text employer before or at shift start time

Employer Cannot Require Details

You must state that you’re using sick leave for a covered reason. But you don’t need to:

  • Disclose your diagnosis
  • Provide detailed medical information
  • Explain symptoms
  • Justify the need beyond stating it’s for covered purpose

What to say:

  • “I need to use sick leave for a doctor appointment”
  • “I’m using sick leave because I’m ill”
  • “I need sick leave to care for my sick child”

That’s enough. Employer cannot demand more details.

Documentation Rules

For absences 3 days or fewer: Employer CANNOT require doctor’s note or documentation

For absences longer than 3 consecutive days: Employer may request documentation that sick leave was used for covered purpose, but cannot require diagnosis disclosure

Example: Wei is out sick for 2 days with food poisoning. Her employer demands a doctor’s note. This is illegal. Employers cannot require documentation for absences of 3 days or fewer.

Employer Obligations and Prohibited Actions

California law strictly regulates how employers must handle sick leave.

What Employers Must Do

Provide written notice of sick leave rights:

  • At time of hire (in employee handbook or separate notice)
  • On wage statements or separate document each pay period showing available sick leave

Allow use for covered reasons

Pay at employee’s regular rate:

  • Non-exempt employees: regular hourly rate
  • Exempt employees: salary rate
  • Multiple pay rates: weighted average or regular rate

Cannot deny or discourage use

Cannot retaliate

What Employers Cannot Do

Illegal employer actions:

Denying sick leave: Refusing to grant sick leave for covered reasons when employee has accrued hours

Requiring vacation instead: Cannot force you to use vacation/PTO if you want to use sick leave

No-fault attendance policies: Cannot count sick leave use as “absence” or “occurrence” in attendance policy if leave was for covered reason

Retaliation: Cannot fire, demote, reduce hours, or otherwise punish employee for using sick leave

Requiring doctor’s note for 3 days or fewer: Illegal to demand documentation

Asking intrusive questions: Cannot demand diagnosis, symptom details, or private medical information

Cash out on termination at less than full rate: If employer cashes out unused sick leave upon termination, must pay at employee’s final rate

Example: Marcus requests sick leave to take his grandmother to chemotherapy. His manager says “Use your vacation time instead, we need to save sick leave for real emergencies.” This is illegal. Kin care is a covered use and employer cannot require vacation instead.

Paid Sick Leave and Other Leave Laws

Sick leave interacts with California’s other leave laws.

Sick Leave vs CFRA

CFRA provides 12 weeks unpaid, job-protected leave for serious health conditions and family care.

Paid sick leave provides paid time off but doesn’t guarantee job protection beyond what at-will employment provides.

How they work together:
You can use paid sick leave during CFRA leave to receive pay. Taking sick leave for CFRA-qualifying reason counts toward both.

Example: Lin takes CFRA leave for her own serious health condition. She uses her 40 hours of accrued sick leave during the first week to receive pay. This counts as 1 week of her 12-week CFRA entitlement.

Sick Leave vs PDL

PDL provides up to 4 months job-protected leave for pregnancy disability.

You can use paid sick leave during PDL to receive pay.

Sick Leave vs PFL

PFL provides state wage replacement (70-90% of wages) for family care.

You can use sick leave to supplement PFL and receive closer to full pay.

Employer Can Offer More Generous PTO

Some employers provide unlimited PTO or generous paid time off that can be used for any reason.

If employer’s PTO policy:

  • Provides at least 40 hours (5 days) per year usable for sick leave purposes
  • Accrues at rate of at least 1 hour per 30 hours worked (or provides 40 hours upfront)
  • Allows carryover or provides fresh allotment each year

Then: It satisfies California paid sick leave law

Employers cannot reduce existing PTO to comply with sick leave law.

Enforcement and Penalties

The California Labor Commissioner takes sick leave violations seriously.

How to File a Complaint

Step 1: Document violation

  • Written denial of sick leave
  • Evidence of retaliation
  • Pay stubs showing lack of accrual
  • Communications about sick leave

Step 2: File complaint with Labor Commissioner

  • Online: dir.ca.gov/dlse
  • Phone: 833-526-4636
  • In person: Local Labor Commissioner office
  • Deadline: 3 years from violation

Step 3: Labor Commissioner investigates
Agency may hold hearing, mediate settlement, or issue determination.

Step 4: Recover penalties and wages

Penalties for Violations

Denial of sick leave:

  • Back pay for sick leave that should have been paid
  • $250 penalty per violation
  • Attorney’s fees if you file lawsuit

Retaliation:

  • Reinstatement to job
  • Back pay
  • Emotional distress damages
  • Punitive damages
  • Attorney’s fees

Failure to provide notice:

  • $50 per employee (no limit on total)

Other violations:

  • $4,000 per violation for willful misrepresentation
  • Waiting time penalties
  • Civil penalties up to $10,000

Example: Restaurant chain failed to provide paid sick leave to 50 employees for 2 years. Labor Commissioner orders:

  • Back pay for all unpaid sick leave
  • $250 per violation × 50 employees = $12,500 minimum
  • Additional civil penalties
  • Total penalties exceed $100,000

Source: California Labor Code § 246, § 248.5

Real-World Examples

Example 1: Part-Time Worker Uses Sick Leave

Situation: Nina works 20 hours per week at retail store. She’s worked there for 8 months and accrued 26 hours of sick leave. She gets the flu and needs 3 days off.

Rights: Nina uses 15 hours of paid sick leave (3 days × 5 hours per day based on her schedule). Her employer must pay her regular hourly rate for these hours.

Result: Nina receives pay for time off. Her employer cannot count this as unexcused absence or deny her request.

Example 2: Caring for Sick Parent

Situation: Robert’s father has a heart attack. Robert needs to take him to doctor appointments and help during recovery. He requests 4 days off over 2 weeks.

Rights: Robert uses 32 hours of accrued sick leave for kin care. His employer asks for his father’s diagnosis. Robert refuses (not required to disclose).

Result: Employer must grant leave. Cannot require diagnosis. Cannot demand Robert use vacation instead.

Example 3: Employer Requires Doctor’s Note for 2-Day Absence

Situation: Yuki is sick with stomach flu for 2 days. She calls in sick both days. Her employer demands doctor’s note before she can return to work.

Rights: Employer cannot require doctor’s note for absence of 3 days or fewer. This is illegal.

Result: Yuki files Labor Commissioner complaint. Employer receives penalty and must change policy.

Example 4: Retaliation for Using Sick Leave

Situation: Andrea uses 4 days of sick leave for doctor appointments and illness over 6 months. Her manager gives her negative performance review citing “unreliable attendance” and passes her over for promotion.

Rights: Employer cannot retaliate for lawful sick leave use. Counting sick leave against employee in performance review is retaliation.

Result: Andrea files complaint. Recovers damages for lost promotion, emotional distress, and attorney’s fees. Gets promoted.

Frequently Asked Questions

Can my employer have a “use it or lose it” sick leave policy?

Only if they use the upfront grant method (40 hours at start of each year). If they use accrual method, unused hours must carry over to next year (subject to 80-hour cap).

Do I get paid out for unused sick leave when I quit?

Not required. Employers only must pay out unused sick leave if their policy says they will. Many employers do not cash out sick leave at termination (unlike vacation, which must be paid out).

Can my employer require a doctor’s note for any absence?

Only for absences longer than 3 consecutive days. Cannot require documentation for 1-3 day absences.

What if I’m a temporary worker through staffing agency?

You’re covered. The staffing agency is your employer and must provide paid sick leave.

Can my employer give me unlimited PTO instead of sick leave?

Yes, if the PTO policy allows at least 40 hours (5 days) per year to be used for sick leave purposes with no restrictions on kin care or covered uses.

What if my employer fires me for using sick leave?

File complaint with Labor Commissioner immediately. Retaliation is illegal and can result in reinstatement, back pay, and damages.

Related Topics

Legal Disclaimer

This article provides general information about California paid sick leave law. It is not legal advice. Employment laws change frequently and every situation is different. If you have specific questions about your rights, consult with a California employment attorney. Government agency deadlines are strict. Don’t delay seeking help if you believe your rights have been violated.

Last Updated: November 2, 2025

Sources: California Labor Code § 246, § 248.5, California Department of Industrial Relations, California Labor Commissioner

Take Action

Paid sick leave is your right, not a favor from your employer. Every worker in California earns this leave from day one.

If your employer denied you sick leave, required a doctor’s note for a short absence, or retaliated against you for using sick leave, document everything and file a complaint with the Labor Commissioner.

The law is clear. The penalties are real. Use your rights.