Paid sick leave is one of the most important protections California provides to employees. Under Senate Bill 616 (SB 616), California law generally requires employers to provide employees with paid time off for themselves and their family members when illness, medical treatment, or other qualifying circumstances arise. Understanding your rights under the current law is essential to ensure you receive the leave you're entitled to.
Overview of California's Paid Sick Leave Law (SB 616)
SB 616 consolidated and strengthened California's paid sick leave requirements, taking effect on January 1, 2024. The law applies to virtually all employers in California with employees, regardless of company size. As of 2026, the law remains in effect with several important protections for employees.
Who Is Entitled to Paid Sick Leave?
Under California law, generally all employees are entitled to paid sick leave. This includes:
- Full-time and part-time employees
- Temporary workers and contract workers (in many situations)
- Employees working in California, even if employed by out-of-state companies
There are very limited exceptions for certain classifications of workers (such as employees covered by collective bargaining agreements with specific provisions), but the vast majority of California workers are protected.
Accrual and Availability
Minimum Accrual Rates
Employers must provide paid sick leave at a rate of at least one day per month of employment, or 40 hours per year (or the equivalent in hours based on a 5-day workweek). Employers may also provide a lump sum of 40 hours or 5 days at the beginning of each employment year or calendar year, provided it is available to the employee for immediate use.
When Accrual Must Begin
Employers must begin accruing or providing paid sick leave to employees starting on the first day of employment or January 1, 2024 (whichever is later for existing employees), and it must be available for employee use no later than 90 days after the employee begins employment.
Lump Sum vs. Accrual
Employers may use either method:
- Lump sum: Providing 40 hours (or 5 days) at the start of the year, available immediately
- Accrual: Allowing employees to accumulate one day per month, with 40 hours available each year
The method chosen must be clearly communicated to employees, and the employer must be consistent in its approach.
Allowable Uses of Paid Sick Leave
Paid sick leave under California law may be used for a broad range of purposes:
Employee's Own Illness or Medical Care
Employees may use sick leave for any reason related to their physical, mental, or behavioral health condition. This includes diagnosis, care, or treatment of an existing health condition, preventive care, and care related to reproductive health.
Care of Family Members
Sick leave may be used to care for a family member with a health condition. "Family member" is broadly defined and includes the employee's spouse, registered domestic partner, children, parents, siblings, grandparents, and grandchildren, as well as the parents of the employee's spouse or domestic partner, and any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.
Safety-Related Absences
Employees may use paid sick leave for absences related to domestic violence, sexual assault, or stalking. This includes time for legal proceedings, relocation, childcare or school attendance, medical attention, counseling, or other safety-related needs.
COVID-19 Vaccination
While California's emergency paid sick leave provisions have largely expired, employees may use regular paid sick leave for vaccination appointments and related illness.
What Employers Cannot Require
Employers may generally not require employees to identify the specific reason for using paid sick leave beyond being told it is for a qualifying purpose. Employers also cannot require employees to find replacement coverage or justify the use of their accrued leave.
Employer Obligations
Providing Paid Sick Leave
Employers must provide paid sick leave as a minimum benefit. Employers that already provided more generous paid time off may satisfy the requirement through existing policies, provided the policies meet or exceed the statutory minimum.
Wage Continuity
When employees use paid sick leave, they must be paid at the same rate they would earn for regular work. Employers cannot reduce wages or compensation when an employee uses sick leave.
Notice and Scheduling
Employers may require employees to provide reasonable notice of the need for paid sick leave when the need is foreseeable. When the need is unforeseeable, employers may require notice in accordance with the employer's normal call-in procedures. However, employers cannot require more than 30 days' notice for foreseeable needs or impose unreasonable conditions on the use of leave.
Prohibition on Retaliation
Employers may not retaliate against employees for requesting or using paid sick leave. Retaliation is illegal and constitutes a separate violation of California law.
Carryover and Payment at Separation
Annual Carryover
Employees may carry over up to 40 hours of unused paid sick leave into the next year. However, employers may limit the accrual and use of paid sick leave to 80 hours (10 days) in a 12-month period. If an employee carries over 40 hours and the employer uses a lump sum method providing 40 hours at the start of the next year, the employee would have 80 hours available.
Payment Upon Termination or Separation
When an employee separates from employment (either through termination or resignation), California law does not generally require employers to pay out accrued but unused paid sick leave. However, if the employer's policy allows for payment of accrued paid time off or other paid leave, that policy must be honored and applied consistently.
Common Violations and What to Do
Denied Sick Leave Requests
If your employer denies a sick leave request for a qualifying purpose, this may violate the law. Document the request, the reason, and the denial.
Insufficient Accrual or Unavailability
If sick leave is not being accrued at the required rate or is not available when needed, this is a violation. Request a written statement of your sick leave balance.
Wage Reduction When Using Sick Leave
If your pay is reduced when you use sick leave, or if your employer requires you to find replacement coverage, this violates the law.
Retaliation for Using Sick Leave
If you experience adverse employment action (termination, demotion, negative reviews) following use of sick leave, this may constitute illegal retaliation.
Steps to Address Paid Sick Leave Violations
1. Request Written Confirmation of Your Balance
Ask your employer in writing for a statement of your paid sick leave balance. Keep a copy of the request.
2. Document All Use and Denials
Keep records of every sick leave request, the reason (broadly stated), and whether it was approved or denied. Include dates and any communications.
3. Consider Consulting with an Attorney
Employees who believe their rights have been violated may want to consult with an employment attorney to understand their options.
The Bottom Line
California's paid sick leave law provides meaningful protections. California law requires paid time off to address health needs or care for family members. Understanding your rights is the first step toward ensuring you receive the leave required by law.
Get Help With Paid Sick Leave Disputes
If you believe your employer has violated paid sick leave laws, mediation can help resolve disputes efficiently. Many employers are willing to correct sick leave practices when presented with clear information about their legal obligations.