Paid Sick Leave in California: Who Qualifies and How Much You Earn

California requires nearly every employer to provide paid sick leave, and the core rule is specific: under the Healthy Workplaces, Healthy Families Act of 2014, as amended by SB 616 effective January 1, 2024, employees earn at least 1 hour of paid sick leave for every 30 hours worked, and employers must let you use at least 40 hours (or 5 days) per year, whichever is more. Employers may cap total accrual at 80 hours (or 10 days), but they cannot deny you that minimum 40-hour annual use amount. This is a statewide floor that applies to almost all workers, unlike the federal government, which has no general paid sick leave law for private-sector employees.

Does California Mandate Paid Sick Leave?

Yes. California is one of the states that guarantees paid sick leave by statute. The right is administered by the California Labor Commissioner's Office (also called the Division of Labor Standards Enforcement, or DLSE), which is part of the California Department of Industrial Relations (DIR). This contrasts sharply with federal law: there is no nationwide private-sector paid sick leave mandate. The federal Family and Medical Leave Act (FMLA) provides only unpaid job-protected leave, and the federal minimum wage under the Fair Labor Standards Act (FLSA) remains $7.25 per hour with no sick-time component. California's law fills that gap for workers in the state.

Who Qualifies

Eligibility is broad. You qualify if you work for the same employer in California for at least 30 days within a year from the start of your employment. This covers most full-time, part-time, temporary, and seasonal workers. Key points about coverage:

• Hours threshold: You begin accruing on your first day of work, but you can use accrued leave starting on your 90th day of employment.
• Most workers are included: The law reaches employees regardless of immigration status and regardless of whether they are paid hourly or salaried.
• Limited exceptions: Certain groups may be covered by separate rules, including some employees under valid collective bargaining agreements that meet specific statutory conditions, certain in-home supportive services (IHSS) providers, and some flight deck or cabin crew employees covered by comparable benefits. If you are unsure, confirm your status with the Labor Commissioner's Office.

How Much You Earn and the Caps

California gives employers two main ways to provide the leave, and the numbers differ slightly:

• Accrual method: You earn at least 1 hour for every 30 hours worked. Employers may limit how much you use in a year to 40 hours (5 days) and may cap total accrual (carryover plus current year) at 80 hours (10 days). Unused accrued time carries over from year to year, but the 80-hour bank cap still applies.
• Up-front (lump-sum) method: Instead of tracking accrual, an employer can simply give you the full 40 hours (or 5 days) at the start of each year. With this method, no carryover is required because you receive the full amount fresh each year.
• Alternative accrual rates: An employer may use a different accrual schedule, but it must provide you at least 24 hours (3 days) by your 120th day and at least 40 hours (5 days) by your 200th day of employment.

The 40-hour figure and the 1-hour-per-30-hours rate are set by statute and have been in effect since SB 616 took effect on January 1, 2024. Because legislative amendments can change these thresholds, verify the current figures on the DIR website before relying on them.

What You Can Use Sick Leave For

California's permitted uses are deliberately wide. You can use paid sick leave for:

• Your own diagnosis, care, or treatment of an existing health condition, or preventive care.
• The diagnosis, care, or treatment of a family member, defined to include a child, parent, spouse, registered domestic partner, grandparent, grandchild, sibling, and a designated person.
• Reasons related to being a victim of domestic violence, sexual assault, or stalking, including seeking medical attention, services, counseling, or legal help.

Your employer cannot require you to find a replacement worker as a condition of using leave, and it cannot retaliate against you for using or requesting your sick time. Retaliation within 30 days of a protected activity may create a rebuttable presumption against the employer.

Local Ordinances That Provide More

Several California cities have their own paid sick leave ordinances that are more generous than the state minimum. When a local law gives you more, the local law governs. Cities with their own paid sick leave rules include San Francisco, Los Angeles, San Diego, Oakland, Emeryville, Berkeley, Santa Monica, and Long Beach, among others. These ordinances often allow higher accrual caps or larger annual use amounts. If you work in one of these jurisdictions, check the city's specific ordinance, because you are entitled to whichever standard, state or local, is better for you.

How It Interacts With PTO and FMLA

A common point of confusion is whether a paid time off (PTO) policy satisfies the sick leave law. It can. If your employer offers a PTO or combined leave policy that provides at least as much time, accrues at least as fast, and can be used for the same purposes on the same terms, it may satisfy California's requirement without a separate sick-leave bank. The catch is that the policy must meet every statutory condition.

Paid sick leave is separate from FMLA and the California Family Rights Act (CFRA). FMLA and CFRA provide longer, job-protected leave (generally up to 12 weeks) for serious health conditions, but that leave is unpaid unless you choose, or your employer requires you, to use accrued paid time. California paid sick leave can run concurrently with, or be applied toward, FMLA/CFRA leave in qualifying situations, but the two laws have different eligibility rules and serve different purposes. California also offers wage replacement through State Disability Insurance (SDI) and Paid Family Leave (PFL) for longer absences, which are funded through payroll deductions and administered by the Employment Development Department (EDD).

How to Enforce Your Rights

Employers must show your available paid sick leave on your itemized wage statement or a separate writing each pay period, and they must keep records for at least three years. If your employer denies leave, fails to pay it, or retaliates against you, you can file a claim or report a violation with the California Labor Commissioner's Office. Remedies can include payment of withheld leave, reinstatement, back pay, and penalties.

Where to Verify

Because accrual rates, caps, and use amounts are set by statute and can be amended, always confirm the current rules with the official source: the California Department of Industrial Relations (DIR) and its Labor Commissioner's Office. For a city ordinance, consult that municipality's labor standards office. For SDI and Paid Family Leave benefits, contact the Employment Development Department (EDD). These agencies publish the controlling figures and can confirm whether your specific situation is covered.

Official California Sources

This page is based on California employment law. Rules and figures change — verify the current details directly with the official California sources below. This is general legal information, not legal advice.

• California Labor Commissioner's Office (Division of Labor Standards Enforcement, DLSE) — Department of Industrial Relations — official California agency.
• How to File a Wage Claim — California Labor Commissioner's Office
• California Labor Code (LAB)

Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside California state law.