California Paid Sick Leave Laws

Various states, cities, and municipalities have enacted legislation requiring employers to provide paid time off (PTO) for employees to use when they are sick. Learn more about this type of leave, called paid sick leave, and what’s required in the state of California.

What is Paid Sick Leave?

Paid sick leave is a benefit that allows employees to take time off from work due to illness, injury, or other health-related issues without foregoing pay. The purpose of paid sick leave is to ensure that employees can recover from illness without the financial pressure of losing income. It also helps prevent the spread of contagious diseases in the workplace by encouraging sick employees to stay home.

There are no federal laws in place that mandate the provision of paid sick leave. The Family and Medical Leave Act (FMLA) allows qualified employees to take unpaid leave for certain health conditions.

The Families First Coronavirus Response Act (FFCRA) enacted temporary requirements for certain employers, granting up to two weeks of paid sick leave to employees who couldn’t work due to COVID-19 (diagnosis, symptoms, required quarantine, etc.) However, this legislation expired at the end of 2020.

Does California Have Paid Sick Leave Laws That Differ from Federal Paid Sick Leave Laws?

Yes, all employers in California with at least one (1) employee working 30+ days per year in the state must provide paid sick leave. The accrual rate is one (1) hour for every 30 hours worked, although the total amount may be front-loaded or accrued with alternate methods. The maximum annual accrual cap is 40 hours or 5 days (whichever is more), while the minimum is 24 hours or three days.

Individual cities, counties, and municipalities throughout the state have additional requirements in place around providing paid sick leave. Employers must comply with both laws, providing the benefit or amount that is most generous to the employee.

Are There Requirements to be Eligible for Paid Sick Leave in California?

Yes, you must work for an employer with at least one employee who works 30 or more days per year in the state. Additionally, the law stipulates that employees must satisfy a 90-day employment period before taking any accrued paid sick leave.

Is There a Minimum Amount of Paid Sick Time Required in California?

Yes, the minimum amount of paid sick time required to be given to most employees is 3 days or 24 hours (whichever is more). The accrual rate is 1 hour for every 30 hours worked.

What Can PSL be Used for in California?

Eligible employees may use their paid sick leave to care for themselves or a family member when suffering from an illness, injury, or physical or mental health condition. Seeking a diagnosis, treatment, or preventive care also qualifies for the use of PSL. Additionally, the law permits victims of sexual assault, domestic violence, or stalking crimes to use this time to take time away from work.

Is Paid Sick Leave Required to be Carried Over Each Year in California?

Yes, the law states that employees must be permitted to carry over up to 48 hours of sick leave per year in most cases. However, employers utilizing the “lump sum” method (issuing all paid sick leave at the start of each year) are not required to allow hours to carry over.

Is Paid Sick Leave (PSL) Different from Paid Time Off (PTO) in California?

Yes, paid sick leave differs from paid time off (PTO). Paid sick leave is required for employers to provide in most cases. PTO is an optional benefit that an employer can choose to provide.

Additionally, PTO can typically be used for any purpose, as long as the time off is approved by an employee’s supervisor. Paid sick leave must be used to address an employee’s own health needs or the health needs of a family member.

Common California Paid Sick Leave Laws FAQs

How much paid sick leave am I entitled to take and be paid for in California?

Most employees are entitled to receive 1 hour of paid sick leave for every 30 hours worked.

Does paid sick leave apply to all employees who work in California?

The law applies to most employees. There are some exceptions (outlined below).

Which employees are exempt or partially exempt from the paid sick leave law in California?

The following employees may be exempt from the state paid sick leave law:

• Flight deck and cabin crew members of air carriers (as long as they receive compensated time off that is at least equivalent to the PSL law requitements)
• Railroad workers
• Retired annuitants working for government agencies
• Employees in construction covered by a collective bargaining agreement

Do I have to notify my employer before taking sick leave in California?

The requirement to notify an employer before taking sick leave is based on company policy.

Can I be disciplined for taking a sick day or using paid sick leave in California?

The law protects employees from retaliation by their employer for using paid sick leave. However, you must comply with your company’s policy around notifying the employer and providing required documentation. Employees found to be misusing paid sick leave or violating company rules may face discipline.

WorkforceHub, a time and labor platform, can help your company manage any requirements associated with accruals. Learn more and try it for free today.

California Department of Industrial Relations

Paid Sick Leave in California