Paid Sick Leave in California: Your Rights Under State and Local Law

Overview

California provides full paid sick leave protections to employees under the Healthy Workplaces, Healthy Families Act of 2014, codified in California Labor Code Sections 245 through 249. This state law guarantees most employees the right to accrue and use paid sick leave for their own health needs, preventive care, and to address domestic violence, sexual assault, or stalking. Also, many California cities and counties have enacted local ordinances that provide even more generous paid sick leave benefits than the state minimum.

Understanding your rights to paid sick leave is essential. This guide explains California's state requirements, the differences between accrual and frontloading, permitted uses, employer protections against retaliation, local ordinances that provide greater benefits, and the process for filing a complaint if your employer violates your rights.

This guide provides a general overview of California paid sick leave law. It does not constitute legal advice.

Who Is Covered

California's paid sick leave law applies to most employees working in California. Specifically, you are entitled to paid sick leave if you are an employee who works for a covered employer in California for at least 30 days in a calendar year. This is a low threshold and covers:

• Full-time employees
• Part-time employees
• Temporary employees
• Employees in any industry

The 30-day threshold is applied on a calendar-year basis. Once you have worked 30 days (not necessarily consecutive), you become entitled to paid sick leave for the remainder of that calendar year.

Certain employees are exempt from California's paid sick leave requirements, including independent contractors, employees covered by certain collective bargaining agreements that provide equivalent benefits, and some public employees. Also, employees in other states who work remotely for a California employer are generally not covered.

Accrual and Use

General Accrual Rate

Under California Labor Code Section 246, employees generally accrue paid sick leave at a minimum rate of one (1) hour per 30 hours worked. This means that for every 30 hours of work, an employee earns one hour of paid sick leave.

Annual Cap and SB 616 Changes

California employers must provide a minimum of 40 hours of paid sick leave per calendar year effective January 1, 2024. Prior to this date (before SB 616 took effect), the minimum was 24 hours per year. This represents a significant increase in sick leave entitlements.

Employers are also required to cap accrual at 80 hours per year. However, employers may place a cap on how much paid sick leave an employee can carry over from year to year, provided that the employer permits at least 40 hours to carry over (or the state minimum, whichever is greater).

Use of Accrued Leave

Employees are entitled to use accrued paid sick leave beginning on the 90th day of employment. After that point, employers cannot require employees to work through accrued sick leave or impose penalties for using it. Paid sick leave is earned immediately but use can be delayed until 90 days have passed.

Employer Frontloading Option

California law provides employers with an alternative to the accrual method. Instead of requiring employees to accrue sick leave gradually, employers may choose to "frontload" paid sick leave by providing employees with 40 hours (or more) of paid sick leave at the beginning of each calendar year.

If an employer chooses to frontload, the employer may require employees to wait until a certain date in the calendar year before using the leave, but employees must be permitted to use the leave by the 90th day of employment in that year. Employers who frontload do not need to track accrual separately; instead, they simply provide the lump sum at the start of the year and track usage.

Both accrual and frontloading approaches must result in at least 40 hours of paid sick leave being available to employees per calendar year.

Permitted Uses

Employees in California are entitled to use paid sick leave for several specific purposes under Labor Code Section 246:

• Employee's own illness, injury, or health condition. This includes physical or mental health conditions requiring medical diagnosis or care.
• Preventive care. Employees may use sick leave for medical examinations, check-ups, and other preventive services.
• Care of a family member. Employees may use paid sick leave to care for a child, parent, spouse, registered domestic partner, or grandparent who is ill, injured, or requires preventive care or treatment.
• Domestic violence, sexual assault, or stalking. Employees may use paid sick leave to obtain medical attention, psychological counseling, legal services, or other assistance related to domestic violence, sexual assault, or stalking affecting the employee or a family member.

Employers cannot limit the use of paid sick leave to these permitted purposes by requiring advance notice or documentation, provided that such requests are reasonable and do not exceed legal limits. Employers generally cannot require a doctor's note for absences of one or two days.

Employee Protections

No Retaliation

California Labor Code Section 246.5 provides critical protections against retaliation. It is unlawful for an employer to discriminate against, threaten, coerce, or retaliate against an employee for requesting paid sick leave, informing the employer that the employee intends to use paid sick leave, or disclosing information about paid sick leave rights to other employees or government agencies.

Retaliation is broadly defined and includes any adverse employment action taken because an employee exercised or attempted to exercise paid sick leave rights. Prohibited retaliatory actions include:

• Termination
• Demotion or reduction in pay
• Discipline or written warnings
• Denial of promotions or work opportunities
• Negative performance evaluations based on sick leave use
• Requiring the employee to look for replacement workers
• Reducing hours or schedule changes in response to sick leave requests

Burden of Proof

If an employee files a complaint alleging retaliation, and demonstrates that they engaged in protected conduct (requesting or using paid sick leave) and suffered an adverse employment action, the burden shifts to the employer to prove by clear and convincing evidence that the action was taken for a lawful, independent reason unrelated to the employee's sick leave rights.

Local Ordinances That Provide More

Several California cities and counties have adopted paid sick leave ordinances that provide more generous benefits than the state minimum. Employees in these jurisdictions are entitled to the greater of state law or local law. The following are examples of local ordinances with enhanced requirements:

San Francisco

San Francisco's paid sick leave ordinance (San Francisco Administrative Code Chapter 4.16) requires employers to provide at least 72 hours (or nine days) of paid sick leave per year to employees, significantly above the state minimum of 40 hours. The San Francisco ordinance covers most employees working in the city.

Los Angeles

Los Angeles requires employers to provide at least 48 hours of paid sick leave per year (or 6 days, for some employers). This applies to employees working in the City of Los Angeles.

Oakland

Oakland requires employers to provide at least 48 hours of paid sick leave per year, effective January 1, 2015.

San Diego

San Diego requires employers to provide at least 40 hours of paid sick leave per year, with provisions for accrual similar to state law.

Berkeley

Berkeley requires employers to provide at least 40 hours of paid sick leave per year, with similar protections to state law.

Santa Monica

Santa Monica requires employers to provide at least 48 hours of paid sick leave per year.

Long Beach

Long Beach requires employers to provide at least 48 hours of paid sick leave per year.

If you work in any of these jurisdictions (or another city or county with a local ordinance), you are entitled to the greater sick leave amount. Always check your local city or county website to confirm the requirements in your area.

Employer Notice and Recordkeeping Requirements

Notification Requirements

Employers are required to provide clear, written notice to employees of their paid sick leave rights. This notice must include:

• The amount of paid sick leave provided
• The employee's right to use paid sick leave
• The terms of use (permitted uses, notice requirements, etc.)
• The employee's right to pay-out upon separation of employment

Employers must provide this notice in writing, in the employee's primary language, and in a manner that is easy to understand. The notice must be provided to new employees before or at the time of hire, and to existing employees within 30 days of January 1, 2015 (or whenever the law became effective for that employer).

Recordkeeping

Employers must maintain accurate records of paid sick leave accrued, used, and carried over for each employee. These records must be kept for at least three years and must be readily accessible to the employee upon request. Employers must also provide employees with information about their current paid sick leave balance on each pay stub or in writing at least quarterly.

Pay-Out Upon Termination

When an employee is terminated (either involuntarily or voluntarily), the employer must pay out any unused accrued paid sick leave at the employee's regular hourly rate of pay. This requirement ensures that employees do not lose earned leave when employment ends.

Common Violations

Employers frequently violate California's paid sick leave law in the following ways:

• Denying paid sick leave. Telling an employee that sick leave is unavailable or cannot be used for certain purposes.
• Requiring advance notice for short absences. Many employers require advance notice before an employee can use sick leave, but such notice should not be required for foreseeable or emergency absences, depending on the circumstances.
• Requiring a doctor's note for one or two-day absences. Employers cannot require medical documentation for absences of one or two days without a reasonable business justification and compliance with legal limits.
• Retaliating against employees for using sick leave. Adverse treatment, negative performance reviews, or discipline based on sick leave use is illegal.
• Failing to pay out accrued sick leave upon termination. Employers must pay out all unused sick leave when employment ends.
• Failing to notify employees of their sick leave rights. Employers must provide clear written notice at the time of hire or employment.
• Not allowing sick leave use until 90 days. While employers may delay use until day 90, accrual begins immediately.
• Requiring employees to find replacement workers. Some employers illegally condition sick leave use on the employee arranging coverage.

How to File a Complaint

If you believe your employer has violated your paid sick leave rights, several remedies are available:

Labor Commissioner's Office (DLSE)

The California Labor Commissioner's Division of Labor Standards Enforcement (DLSE) enforces paid sick leave rights. Wage claims may be filed with the local Labor Commissioner alleging violations of paid sick leave law. The filing process involves contacting the regional Labor Commissioner's office, completing a wage claim form, and providing documentation of employment and the alleged violation. The DLSE will schedule a hearing (called a "Berman hearing") before an administrative law judge. If the complaint is successful, recovery may include unpaid wages, penalties, and potentially damages.

Private Lawsuit

You may also file a civil lawsuit against your employer in court. Private lawsuits for paid sick leave violations can include claims for damages, penalties, attorney's fees, and costs. Violations of Labor Code Section 246.5 (retaliation for using paid sick leave) are particularly serious and may result in significant damages.

Public Agencies

Administrative complaints may also be filed with the California Labor Commissioner, the California Department of Industrial Relations, or other enforcement agencies. Some violations may also be reported to local city or county enforcement offices if you are working under a local ordinance with additional rights.

Conclusion

California's paid sick leave law represents a significant worker protection that ensures employees can address health needs without fear of retaliation or loss of income. With the recent increase to 40 hours per year effective 2024, and additional protections in many local jurisdictions, California employees have substantial rights. If your employer denies you paid sick leave, retaliates for using it, fails to pay it out upon separation, or otherwise violates these rights, you have legal remedies available. Consulting with an employment attorney can help you understand your rights and options for enforcing them.

This guide is provided for general informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by reading this material. Laws and regulations may change, and the application of law depends on the specific facts of each situation. Consult a qualified attorney for advice regarding your particular circumstances.