California Paid Sick Leave Rules (2026)
How much sick leave California workers earn, when they can use it, how it's paid, and where cities require more.
California employers must provide at least 40 hours or 5 days of paid sick leave a year (Labor Code 246, as raised by SB 616 from 2024). Leave accrues at one hour per 30 hours worked or can be given up front, can be used from the 90th day of the job, and covers care for family members and a designated person. Several cities, including Los Angeles, San Francisco and Oakland, require more.
Who is covered
Almost every employee who works in California for the same employer for 30 or more days within a year, full-time, part-time or temporary. The main exceptions are some unionized workers whose contracts provide paid sick days and pay well above minimum wage, and certain airline flight crew and in-home supportive services providers with their own rules.
How much: the state minimum
- Accrual: at least one hour for every 30 hours worked, starting on the first day. Exempt employees are treated as working 40 hours a week (or their normal shorter week).
- Other accrual schedules are allowed if the employee has at least 24 hours by the 120th day and 40 hours by the 200th day of employment or of each year.
- Front-loading: the employer can instead give the full 40 hours or 5 days at the start of each year. Then no accrual or carryover is required.
- Caps: an employer using accrual may cap the balance at 80 hours or 10 days, and may limit use to 40 hours or 5 days a year.
A PTO policy can satisfy the law if it gives at least as much leave, usable for the same reasons and on the same terms.
When it can be used
Leave can be used starting on the 90th day of employment, then as it accrues. The employee decides how much to use, though the employer can set a minimum increment of up to two hours. Notice must be "reasonable" in advance when the need is foreseeable, and as soon as practicable when it isn't.
What it can be used for
- Diagnosis, care or treatment of an existing health condition, or preventive care, for the employee or a family member.
- Purposes related to being a victim of violence or a crime, or to help a family member who is (Government Code 12945.8).
- For outdoor agricultural workers, to avoid smoke, heat or flooding during a declared emergency.
Family members are broad: a child of any age (biological, adopted, foster, step, ward), parent, parent-in-law, spouse, registered domestic partner, grandparent, grandchild, sibling, and one designated person the employee names when asking for leave (an employer may limit this to one person per 12 months).
How it's paid
For non-exempt employees, sick pay is figured at the regular rate of pay for that workweek, or at the employee's total wages (without overtime premiums) divided by hours worked in the full pay periods of the prior 90 days. Exempt employees are paid the same way as other paid leave. Sick pay is due by the next regular payday, and the available balance has to appear on the pay stub or a separate notice each payday.
Leaving and coming back
Unused sick leave doesn't have to be paid out when a job ends. If the employer folds sick leave into a general PTO bank, though, that PTO is treated like vacation and must be paid out; see the final paycheck law. An employee rehired within one year gets their unused balance back.
City ordinances that require more
Where a city's ordinance is more generous, the employee gets the better rule. The cities in our data:
| City | Local rule |
|---|---|
| Berkeley | Accrual cap of 72 hours (48 at employers with fewer than 25 workers) |
| Los Angeles | 48 hours of use a year at employers of every size; accrual can be capped at 72 hours |
| Oakland | Accrual cap of 72 hours (40 at employers with fewer than 10 workers) |
| San Diego | 40 hours of use a year at employers of every size |
| San Francisco | Accrual cap of 72 hours (40 at employers with fewer than 10 workers) |
Local ordinances have their own coverage tests (Los Angeles, for example, applies to employees who work at least two hours a week in the city) and their own posting rules. Other cities have ordinances too; check your city's labor standards office.
Protections
An employer can't deny the use of accrued sick leave, require the employee to find a replacement, or fire, demote, suspend or otherwise retaliate against an employee for using it or complaining about it. Violations can be reported to the Labor Commissioner.
Check your hours
The Paid Sick Leave Calculator shows the state minimum and any local rule for your city and employer size. For longer absences, see CFRA vs. FMLA and how SDI benefits are calculated.
Frequently Asked Questions
How much paid sick leave do California employees get?
At least 40 hours or 5 days a year. Employers can front-load it at the start of the year or let it accrue at one hour for every 30 hours worked.
When can a new employee start using sick leave?
Accrual starts on the first day of work, and the employee can use accrued leave from the 90th day of employment. To be covered at all, the employee must work in California for the same employer for 30 or more days within a year.
Does unused sick leave carry over in California?
Yes, if the employer uses accrual. The employer can cap total accrued leave at 80 hours or 10 days and limit use to 40 hours or 5 days a year. An employer that front-loads the full amount each year doesn't have to allow carryover.
Do California employers have to pay out unused sick leave?
No, unless it is part of a combined PTO policy, which is paid out like vacation. If an employee is rehired within a year, previously accrued unused sick leave must be reinstated.
Does my employer have to let me use sick leave for a family member?
Yes. Sick leave covers care for a child, parent, parent-in-law, spouse, registered domestic partner, grandparent, grandchild, sibling, and one designated person you name when you ask for the leave. Your employer can't make you find a replacement worker first.
This article is for general information only and is not legal advice. Sources: Labor Code 245.5, 246 and 246.5 (as amended by SB 616, 2023); City of Los Angeles Office of Wage Standards sick time FAQ; San Francisco Administrative Code ch. 12W; Oakland, Berkeley and San Diego paid sick leave ordinances.