Local Rulebook

California

California paid sick leave

How much paid sick leave California employees earn and can use, and when local rules require more.

How it builds up

Employees earn at least 1 hour of paid sick leave for every 30 hours worked.

Source: California Labor Code section 246

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Who qualifies

Employees who work for the same employer for 30 or more days within a year qualify, and can start using sick leave on their 90th day of employment.

Source: California Labor Code section 246

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How much can be used

Employers may limit use to 40 hours or 5 days per year, whichever is more.

Source: California Labor Code section 246

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Accrual cap

Employers may cap the total an employee accrues at 80 hours or 10 days, whichever is more.

Source: California Labor Code section 246

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Front-loading

Instead of accrual, employers may give at least 40 hours or 5 days at the start of each year.

Source: California Labor Code section 246

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Leaving a job

Unused sick leave isn't paid out when employment ends, unless it's part of a combined paid time off policy. It must be reinstated if the employee is rehired within a year.

Source: California Labor Code section 246

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Local rules

Several cities, including Berkeley, Emeryville, Oakland, Los Angeles, San Diego, and San Francisco, require more sick leave than state law.

Source: CA Labor Commissioner paid sick leave FAQ

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This is a summary of state law. Cities can require more, and exceptions apply to some industries. It isn't legal advice.