Paid Sick Leave

What Is Paid Sick Leave?

Paid sick leave is a California-mandated benefit that allows employees to take time off from work for health-related reasons while still receiving their regular wages. Under the Healthy Workplaces, Healthy Families Act of 2014 (Labor Code Section 245-249), most employees who work in California for at least 30 days within a year are entitled to accrue and use paid sick leave.

California was the second state in the nation to enact a statewide paid sick leave law, and subsequent amendments have expanded these protections. As of January 1, 2024, employees are entitled to a minimum of 40 hours (or 5 days) of paid sick leave per year, increased from the original 24 hours (3 days).

California Requirements

Employee Eligibility

Nearly all employees who work in California qualify for paid sick leave, including:

• Full-time employees
• Part-time employees
• Temporary employees
• Seasonal workers
• Employees of staffing agencies

Qualifying Period: Employees begin accruing sick leave on their first day of employment but cannot use accrued sick leave until they have worked for the same employer for 90 days.

Accrual Methods

California employers can choose from several methods to provide paid sick leave:

Method	How It Works	Minimum Requirement
Accrual Method	Employees earn sick leave over time	1 hour for every 30 hours worked
Front-Loading	Full amount provided at beginning of year	40 hours (5 days) upfront
Unlimited PTO	No cap on time off	Must allow at least 40 hours of sick leave use

Accrual Caps and Carryover

Requirement	Standard	Notes
Annual Usage Cap	40 hours (5 days)	Employer can limit usage per year
Accrual Cap	80 hours (10 days)	Maximum accrual balance
Carryover	Required	Unused hours carry over year to year
Front-Load Exception	No carryover required	If employer provides full 40 hours each year

Permitted Uses of Paid Sick Leave

Employees can use paid sick leave for:

Personal Health Needs

• Diagnosis, care, or treatment of an existing health condition
• Preventive care for the employee
• Mental health days and wellness appointments

Family Care (Kin Care)

Employees may use sick leave to care for a family member's:

• Diagnosis, care, or treatment of an existing health condition
• Preventive care appointments

Covered Family Members:

• Spouse or registered domestic partner
• Children (biological, adopted, foster, stepchildren, legal wards)
• Parents and parents-in-law
• Grandparents and grandchildren
• Siblings
• Designated person (one person per 12-month period)

Safety-Related Purposes

Employees who are victims of domestic violence, sexual assault, or stalking may use paid sick leave to:

• Obtain medical attention
• Seek services from a domestic violence shelter or crisis center
• Obtain psychological counseling
• Participate in safety planning
• Seek legal assistance

Calculating Sick Leave Pay

For Hourly Employees

Paid sick leave must be paid at the employee's regular rate of pay, which is calculated as either:

1. Regular hourly rate for the workweek in which sick leave is used, OR
2. Average hourly rate over the previous 90 days of employment

For Salaried Exempt Employees

Calculate the hourly rate by dividing the annual salary by 52 weeks, then dividing by the employee's normal weekly hours (assumed to be 40 if not defined).

Example Calculation:

Employee earns $62,400 annually
$62,400 / 52 weeks = $1,200 per week
$1,200 / 40 hours = $30 per hour sick leave rate

For Employees with Variable Pay

For employees who earn commissions, piece rates, or multiple hourly rates, calculate the average hourly rate over the 90 days preceding the sick leave.

Employer Obligations

Required Notices

Notice Type	Timing	Method
Written Notice to Employees	At time of hire	Written document
Workplace Poster	Ongoing	Posted in visible location
Pay Stub Information	Each pay period	Show available sick leave balance

Record-Keeping Requirements

Employers must maintain records for at least three years showing:

• Hours worked by employees
• Paid sick leave accrued
• Paid sick leave used
• Available sick leave balance

Prohibited Employer Actions

Employers may NOT:

• Deny or interfere with an employee's right to use sick leave
• Retaliate against employees for using sick leave
• Require employees to find replacement workers
• Require disclosure of specific medical conditions
• Require a doctor's note for absences of three days or fewer (though may request for longer absences)

Requesting and Using Sick Leave

Employee Responsibilities

Situation	Employee Requirement
Foreseeable absence	Provide reasonable advance notice
Unforeseeable absence	Notify as soon as practicable
Minimum increment	Employer can set minimum of 2 hours

Verification and Documentation

Employers may request reasonable documentation for extended absences, but must not:

• Require documentation for absences of three or fewer consecutive days
• Ask for specific diagnosis or medical details
• Require employees to use FMLA/CFRA procedures for simple sick leave

Interaction with Other Leave Laws

Paid sick leave interacts with several other California leave laws:

California Family Rights Act (CFRA)

CFRA leave provides up to 12 weeks of job-protected leave for serious health conditions. Employers may allow (but not require) employees to use paid sick leave during CFRA leave.

Pregnancy Disability Leave

Employees on pregnancy disability leave may use accrued sick leave to receive pay during their leave.

Workers' Compensation

Paid sick leave may be used for the first three days of a work-related injury (the "waiting period" before workers' compensation benefits begin).

Local Ordinances

Several California cities have paid sick leave ordinances that exceed state requirements:

City	Annual Entitlement	Accrual Cap
San Francisco	72 hours	72 hours
Los Angeles	48 hours	72 hours
Oakland	72 hours	72 hours
San Diego	40 hours	80 hours
Berkeley	72 hours	72 hours
Santa Monica	72 hours	72 hours
Emeryville	72 hours	72 hours

Employers must comply with the law that provides the greater benefit to employees.

Compliance Best Practices

Policy Development

1. Create a written sick leave policy that clearly explains accrual, usage, and request procedures
2. Train managers on proper handling of sick leave requests
3. Update payroll systems to track and display sick leave balances
4. Review annually for compliance with law changes

Common Compliance Mistakes to Avoid

• Requiring employees to find their own replacement
• Denying sick leave for "unexcused" absences
• Requiring excessive documentation for short absences
• Failing to show sick leave balance on pay stubs
• Not carrying over unused sick leave (unless front-loading)
• Counting sick leave use in attendance policies

Penalties for Non-Compliance

Violation	Potential Penalty
Failure to provide sick leave	Back pay plus interest
Retaliation	Reinstatement, back pay, penalties
Record-keeping violations	$50 per employee per pay period
Willful violations	Additional penalties, possible criminal charges

The Labor Commissioner can also award liquidated damages equal to the amount of sick leave unlawfully withheld, plus attorney's fees.

Recent Changes and Updates

2024 Amendments (SB 616)

Effective January 1, 2024:

• Increased minimum from 24 hours (3 days) to 40 hours (5 days) per year
• Increased accrual cap from 48 hours (6 days) to 80 hours (10 days)
• Annual usage limit increased to 40 hours (5 days)

Ongoing Compliance

Employers should monitor for:

• Changes to state law during legislative sessions
• Updates to local ordinances
• New court decisions interpreting sick leave requirements
• Changes to covered family member definitions

Practical Example

Scenario: Maria works part-time at a retail store, averaging 25 hours per week. She has been employed for six months.

Accrual Calculation:

• 25 hours/week x 26 weeks = 650 hours worked
• 650 hours / 30 = 21.67 hours of sick leave accrued

Usage: Maria's child is sick and needs to visit the doctor. She requests 4 hours of sick leave to take her child to the appointment. Her employer must:

1. Approve the request (this is a permitted use under kin care)
2. Pay her at her regular hourly rate
3. Deduct 4 hours from her sick leave balance
4. Update the balance shown on her next pay stub

This use of sick leave to care for a family member is expressly protected under California law.