January 9, 2026 Table of Contents
California paid sick leave is a legal right for most workers in the state, not a perk your employer can choose to offer. If you work in California, you can generally earn paid sick time and use it when you or a family member is sick, without losing pay or being punished for it. Below, we explain who qualifies, how much leave you get, what employers can and cannot do, and what the law says about retaliation.
Does your employer have to offer paid sick leave in California?
Yes, for most employees. Employees who work at least 30 days for the same employer within a year in California are generally covered. They earn at least one hour of paid sick leave for every 30 hours worked, and employers must allow use of at least 40 hours or five days per year (Labor Commissioner).
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Zev Abramson is the founding partner of Abramson Labor Group and a passionate advocate for employees whose voices too often go unheard. He earned his J.D. from Loyola Law School, but his commitment to protecting workers began long before he…
Most employees qualify. The Labor Commissioner states that employees who work at least 30 days for the same employer within a year in California are covered, including part-time, per diem, and temporary workers (Labor Commissioner). Coverage does not depend on being full time. A few narrow exceptions apply, such as some employees covered by qualifying collective bargaining agreements.
There is a waiting period before use. An employee must complete a 90-day employment period before taking paid sick leave (Labor Commissioner).
Employers can give leave in one of two ways. Either way, the minimum you can use each year is 40 hours or five days, whichever is more (Labor Commissioner).
| Accrual method | Up-front (frontload) method | |
|---|---|---|
| How you get it | At least 1 hour for every 30 hours worked | The full amount is available at the start of each year of employment |
| Unused leave | Carries over, but the employer may cap total accrual at no less than 80 hours or 10 days | Depends on the employer’s policy |
| Minimum use per year | 40 hours or 5 days | 40 hours or 5 days |
For new hires under the up-front method, the Labor Commissioner states that at least 24 hours or three days must be available by the 120th calendar day of employment, and 40 hours or five days by the 200th (Labor Commissioner).
Unused sick leave generally does not have to be paid out when you leave a job, unless your employer’s policy provides for a payout. If you are rehired by the same employer within 12 months, your previously accrued and unused sick leave generally must be restored (Labor Commissioner).
You can use paid sick leave for yourself or a family member, including for diagnosis, care, or treatment of an existing health condition and for preventive care. Family members include a parent, child, spouse, registered domestic partner, grandparent, grandchild, sibling, or designated person (Labor Commissioner).
Paid sick leave can also be used by an employee who is a victim of a qualifying act of violence, such as domestic violence, sexual assault, or stalking, for purposes such as seeking a restraining order. Employers with 25 or more employees must allow broader uses, such as relocation. The Labor Commissioner also lists uses that took effect in 2025 and 2026, including jury duty, appearing in court as a witness under a subpoena or court order, and attending certain judicial proceedings related to serious crimes against the employee or a family member (Labor Commissioner).
Paid sick leave is separate from longer leave programs. If you need more time to care for a family member or for your own serious health condition, see our articles on CFRA and FMLA leave, California Paid Family Leave, and retaliation for taking FMLA leave. Time off after the death of a family member falls under California bereavement leave.
The rules below apply to paid sick leave. Meal and rest breaks follow their own rules, explained in our article on when your boss can and cannot deny you breaks.
| Your employer generally can | Your employer generally cannot |
|---|---|
| Limit use to 40 hours or five days per year (DIR) | Require you to find a replacement worker as a condition of using sick days (§ 246.5(b)) |
| Cap total accrual at no less than 80 hours or 10 days (DIR) | Deny paid sick leave based solely on a lack of a doctor’s note (DIR) |
| Require advance notice for planned leave (DIR) | Discharge, threaten, demote, suspend, or otherwise discriminate against you for using accrued sick days (§ 246.5(c)(1)) |
| Decline to pay out unused leave at separation, unless its policy provides for a payout (DIR) | Leave your available sick leave off your pay stub or same-day written notice (DIR) |
For notice, the Labor Commissioner states that when the need for leave is unforeseeable, an employee need only give notice as soon as practical. The Labor Commissioner also notes that an employer may request documentation in some circumstances, such as when it has information suggesting the leave is not being used for a valid purpose (Labor Commissioner).
California law prohibits an employer from denying the right to use accrued sick days, or from discharging, threatening to discharge, demoting, suspending, or in any manner discriminating against an employee, for using or attempting to use accrued sick days. The same protection covers filing a complaint, cooperating in an investigation, and opposing a practice the law prohibits (Lab. Code § 246.5(c)(1)).
Timing can matter. There is a rebuttable presumption of unlawful retaliation if the employer takes one of those actions within 30 days of the employee filing a complaint with the Labor Commissioner or alleging a violation, cooperating in an investigation or prosecution of an alleged violation, or opposing a prohibited policy or practice (Lab. Code § 246.5(c)(2)). A rebuttable presumption means the employer can still try to show a legitimate reason. For broader examples, see our retaliation page.
Different employment claims can have different deadlines. For example, a retaliation complaint with the Labor Commissioner generally must be filed within one year of the adverse action (Labor Commissioner). Other claims, such as a wage claim for unpaid sick pay, can follow different rules, so do not assume one period applies to every case. An employment attorney can evaluate which deadlines apply to your situation.
If your employer denied paid sick leave, required you to find a replacement, left your balance off your pay stub, or disciplined you after you used sick time, consider speaking with a California employment lawyer. An attorney can review what happened, identify any related unpaid wage or retaliation issues, and explain your options.
At Abramson Labor Group, we represent California employees facing paid sick leave violations and retaliation. Our case reviews are free and confidential, and we work on contingency. Request your free case evaluation or call us at (213) 493-6300.
Yes. Part-time, per diem, and temporary employees are generally covered once they work at least 30 days for the same employer within a year in California (Labor Commissioner).
Not as an automatic condition. An employer may not deny paid sick leave based solely on a lack of certification from a health care provider, although it may request documentation in some circumstances (Labor Commissioner).
Generally, no, unless your employer’s policy provides for a payout. If the same employer rehires you within 12 months, your unused accrued leave generally must be restored (Labor Commissioner).
This article is general information about California law, not legal advice. Every situation is different. For advice about your specific case, talk to a licensed California employment attorney.
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