Does Your Employer Have to Offer Paid Sick Leave? Know Your Rights at Work

January 9, 2026

Getting sick is part of life. Losing pay—or your job—because of it should never be.

Whether you’re dealing with a sudden illness, caring for a sick child, or managing an ongoing medical condition, California law recognizes a basic ethical truth: workers should not have to choose between their health and their livelihood.

At Abramson Labor Group, we approach paid sick leave not just as a statutory requirement, but as a matter of workplace integrity and compliance. Understanding your rights is the first step toward protecting yourself—and holding employers accountable when they fall short.

Here’s what every California employee should know about paid sick leave, recent legal updates, and what to do if your rights are denied.

California’s Paid Sick Leave Law: The Basics 

California’s Healthy Workplaces, Healthy Families Act of 2014 guarantees paid sick leave to most employees in the state—full-time, part-time, and temporary workers alike.

The purpose of the law is straightforward and ethical at its core:
No worker should suffer financial harm for taking care of their health or their family.

Who Is Eligible for Paid Sick Leave? 

You are generally entitled to paid sick leave if:

• You have worked for the same employer in California for at least 30 days within a year, and
• You have completed 90 days of employment before using accrued sick leave

This includes:

• Full-time employees
• Part-time employees
• Temporary and seasonal workers

Certain narrow exceptions apply (such as specific union agreements or some public-sector roles), but the vast majority of California workers are covered.

How Paid Sick Leave Works in California

1. Earning Paid Sick Leave

Most employees accrue:

• 1 hour of paid sick leave for every 30 hours worked

Employers may instead frontload sick leave, meaning they provide the full amount at the start of the year rather than accruing it over time.

As of January 1, 2024, California law now requires employers to allow employees to:

• Accrue and use at least 40 hours (5 days) of paid sick leave per year
• Maintain an accrual cap of no less than 80 hours (10 days)

This expansion replaced the former 24-hour minimum and reflects California’s increased focus on health, compliance, and workforce stability.

2. When Paid Sick Leave Can Be Used

Paid sick leave may be used for:

• Your own illness, injury, or preventive care
• A family member’s illness, injury, or preventive care (including children, parents, spouses, registered domestic partners, grandparents, grandchildren, and siblings)
• Recovery or related needs if you are a victim of domestic violence, sexual assault, or stalking

Sick leave is considered a protected benefit, not a favor or discretionary perk.

3. How to Request Paid Sick Leave

Employees may request sick leave verbally or in writing.

Employers:

• May not require you to find a replacement
• May not impose unreasonable notice requirements

If the need is foreseeable, reasonable advance notice may be requested.
If it is unforeseeable, notice must be given as soon as practicable—but discipline for sudden illness is prohibited.

4. How Employers May Lawfully Limit Use

Employers may:

• Limit usage to 40 hours (5 days) per year
• Set an accrual cap of 80 hours (10 days)

However, employers cannot:

• Refuse use when accrued time is available
• Discourage or delay lawful use
• Apply attendance policies that penalize sick leave use

Common Compliance Violations Employers Still Make

From a compliance perspective, these are some of the most frequent—and risky—violations:

• Claiming employees must work a year before using sick leave
• Improperly wiping out accrued sick leave
• Requiring shift coverage as a condition of use
• Demanding doctor’s notes for routine or short absences
• Applying “attendance points” tied to sick leave
• Disciplining or terminating employees after lawful use

Any of these practices may expose employers to civil penalties, wage claims, and retaliation liability.

Retaliation for Using Sick Leave Is Illegal

California law—and recent enforcement trends—treat retaliation as a serious compliance failure.

Employers may not retaliate against employees for requesting or using paid sick leave.

Retaliation includes:

• Termination or layoff
• Reduced hours or pay
• Threats or intimidation
• Negative performance evaluations
• Discipline tied to “attendance”

California law recognizes presumptive retaliation when adverse action occurs shortly after protected activity, placing the burden on employers to justify their conduct.

From an ethics standpoint, retaliation undermines trust.
From a legal standpoint, it exposes employers to substantial liability.

What to Do If You’re Denied Paid Sick Leave

If your employer is not complying with California law:

1. Document Everything

Record requests, responses, schedules, and disciplinary actions.

2. Review Your Pay Stubs

California requires employers to list available sick leave balances. Missing or inaccurate information is itself a violation.

3. Seek Legal Guidance

You may file a claim with the Labor Commissioner (DLSE), but legal counsel can help ensure your rights are fully protected.

At Abramson Labor Group, we evaluate compliance failures, pursue recovery of lost wages, and address retaliation head-on.

Why Paid Sick Leave Matters

Paid sick leave is not just a statutory obligation—it is a reflection of workplace values.

When employees are forced to work while sick:

• Health risks increase
• Morale deteriorates
• Liability grows
• Trust erodes

California law is designed to prevent these outcomes—and to hold employers to a standard of fairness and responsibility.

Your Health Should Never Cost You Your Job

If your employer has denied, discouraged, or interfered with your right to paid sick leave, it may constitute a violation of California law—and a serious compliance failure.

Contact Abramson Labor Group today for a free, confidential intake evaluation.
We will review your situation, explain your rights, and help you take the next ethical and legal step forward.