California Sick Leave Law – What Are Workers Entitled To?

In this article, our Los Angeles employment and labor lawyers will address the following key issues regarding California laws for paid sick leave (PSL):

• 1. Eligibility
• 2. Permitted Uses
• 3. Timing
• 4. Accruals, Carryovers, and Caps
• 5. Alternate PSL Rules
• 6. When PSL Runs Out
• 7. Unused PSL
• 8. When Your Rights are Violated
• Frequently Asked Questions
• Additional Reading

1. Eligibility

In California, you are generally eligible for paid sick leave (PSL) if you work for the same employer at least 30 days within a calendar year.

Employers may also use an alternative accrual method, so long as it allows you to accrue at least:

• 24 hours of PSL by the 120th day of employment and
• 40 hours (or 5 days, whichever is more) by the 200th day of employment in each year.

You begin accruing PSL from your first day of work whether you are full-time, part-time, or temporary.

There are exceptions. If you are covered by a valid collective bargaining agreement (CBA), your employer may be exempt from the standard PSL rules as long as:

1. the CBA expressly provides PSL,
2. the CBA requires final and binding arbitration of disputes, and
3. you are paid at least 30% more than the state minimum wage.

In addition, certain categories of workers are treated differently or excluded altogether from California PSL protections, such as:

• some in-home supportive services providers,
• certain airline and railroad employees governed by federal law, and
• a limited group of short-term construction workers covered by qualifying CBAs.

Separate rules may also apply if you work for the city, state, or U.S. government.¹

2. Permitted Uses

You may take paid sick leave (PSL) in California not only if you are sick: You can also take PSL to care for your:

• child, stepchild, foster child, or adopted child,
• spouse or registered domestic partner,
• parent,
• sibling,
• grandchild,
• grandparent, or
• designated person.

You may also use PSL to care for yourself or a family member in seeking a diagnosis, treatment of an existing health condition, or preventive care.

In addition, if you are a victim of domestic violence, sexual assault, or stalking, you can use PSL to seek either:

• relief for you or your family member, including a restraining order;
• medical attention for related injuries;
• services from a domestic violence shelter or rape crisis center;
• psychological counseling; or
• safety planning against future domestic violence, sexual assault, or stalking.

You can also use PSL to appear in court as a witness to comply with a subpoena or other court order or for jury duty.

Employers generally may not require medical certification (such as a doctor’s note) as a condition of using PSL.²

See our related article on California Paid Family Leave, which provides partial wage replacement while you take time off to care for a seriously ill family member. 

Employers do not have to inquire into or document why you are taking sick leave.

3. Timing

Although California law allows you to begin accruing paid sick leave (PSL) from your first day of work, your employer may make you wait until your 90th day of employment before using accrued leave.

Once you have accrued PSL and met the waiting period, your employer generally may not deny your request to use it, subject only to reasonable notice requirements and any lawful annual use limits. Your employer also may not require you to find a replacement as a condition of taking PSL

Your available sick leave balance must appear on your pay stub or a separate document issued with your paycheck. Plus your employer must display a workplace poster explaining your PSL rights.³

In addition, several California cities have local sick leave ordinances that provide more generous PSL benefits than state law, including:

• Berkeley: 48 hours PSL a year for employers with fewer than 25 employees; 72 hours PSL a year for employers with 25 or more employees.
• Emeryville: 48 hours PSL a year for employers with 55 or fewer employees; 72 hours PSL a year for employers with more than 55 employees.
• Los Angeles: 48 hours (6 days) PSL a year.
• Oakland: Up  to 40 hours PSL a year for employers with fewer than 10 employees; up to 72 hours PSL a year for employers with 10 or more employees.
• San Francisco: Up to 48 hours PSL a year for employers with fewer than 10 employees; up to 72 hours PSL a year for employers with 10 or more employees.
• Santa Monica: 40 hours PSL a year for employers with fewer than 25 employees; 72 hours PSL a year for employers with 25 or more employees.⁵

6. When PSL Runs Out

California companies do not have to pay you if you need more time off from work (or telework) after your paid sick leave (PSL) has run out. However, you may then be able to take unpaid but job-protected leave under:

• CFRA (the California Family Rights Act) and/or
• FMLA (the federal Family and Medical Leave Act).

This means you must be able to return to your same or substantially similar job when coming back from leave. Your employer cannot fire, threaten, or retaliate against you.

Note that if you remain absent from work after exhausting all available paid and unpaid protected leave—and without requesting or qualifying for additional legal protections—your employer may treat the continued absence as unprotected, which can potentially lead to discipline or termination. See our related article about job abandonment.⁶

Employers may not retaliate against employees who take PSL they are entitled to.

7. Unused PSL

If you quit or are fired from your job in California, your employer generally does not have to pay you for unused paid sick leave (PSL). This is unlike unused vacation time, which must be paid out as wages. Unless your employer’s policy or a collective bargaining agreement says otherwise, unused sick leave cannot be “cashed out.”

However, if you leave your employer and are rehired by the same employer within one year, any previously accrued and unused PSL must be reinstated, and you may use it immediately if you already met the waiting period.⁷

8. When Your Rights are Violated

In California, your employer may not deny you paid sick leave (PSL) that you are entitled to. Your employer also may not retaliate against you for taking valid leave, cooperating in a labor violation investigation, or complaining about labor violations. Retaliation can manifest as:

• demotion,
• threatening to fire you,
• threatening to report immigration violations (which is independently unlawful under California law),
• reducing pay, and/or
• terminating you.

If your labor rights are violated regarding PSL, you have options.

Labor Commissioner Complaint

The quickest, most popular route following a PSL violation is to file an administrative complaint with the California Labor Commissioner (DLSE). They can investigate the violation and order remedies such as:

• payment of withheld sick leave,
• back pay for lost wages,
• reinstatement to your job,
• civil penalties payable to the state,
• interest and limited statutory penalties, and
• additional penalties for any retaliation.

Civil Lawsuit

Before taking any action, be sure to talk to a California labor and employment lawyer about your case and how to get the money you are owed.

Many California employment lawyers will represent you on a contingency basis. This means the lawyer will not get paid until you do. Labor law violations may also require your employer to pay for your legal costs and fees.

If there are multiple employees being underpaid or retaliated against, you all may be able to bring a class action lawsuit or representative action (such as PAGA) against the employer.⁸

Under the standard accrual method, California employees earn at least one hour of paid sick leave for every 30 hours worked.

Frequently Asked Questions

Do part-time employees get California paid sick leave?

Yes. You are eligible to accrue paid sick leave whether you are a full-time, part-time, or temporary worker. The main requirement is that you work for the same employer in California for at least 30 days within a calendar year.

Can my employer require a doctor’s note for using sick leave?

Generally, no. While your employer can ask for “reasonable notice” (such as calling in ahead of time if the need is foreseeable), they generally cannot require a doctor’s note or medical certification as a condition for letting you use your paid sick leave.

Do I get paid for unused sick days if I quit or get fired?

No. Unlike vacation pay or general PTO, California employers are not required to “cash out” your unused sick leave when you leave the job. However, if you are rehired by the same employer within one year, your previously accrued sick leave must be reinstated.

Can I use sick leave to care for someone who is not a blood relative?

Yes. In addition to immediate family members (like a spouse, child, or parent), California law allows you to use paid sick leave to care for a “designated person.” This allows you to identify a specific person for whom you provide care, even if they are not legally related to you.

Additional Resources

For more information, refer to the following:

• Can an employer require a doctor’s note in California? – Article by our California employment law attorneys.
• What’s the Difference? Paid Sick Leave, FMLA, and Paid Family and Medical Leave – Comparison by the U.S. Department of Labor.
• Paid Sick Leave vs. Vacation vs. PTO: What You Need to Know – Discussion by ADP, a human resources management software and services provider.
  
• Paid Sick Leave and Job Stability – Scholarly article by Work and Occupations.
• The Growing Costs and Burden of Family Caregiving of Older Adults: A Review of Paid Sick Leave and Family Leave Policies – Scholarly article by The Gerontologist.
• “Stress Leave” in California – Are workers entitled to it? – Article by our California employment law attorneys.
• Crime Victim Leave – Article by our California employment law attorneys about how you may be able to use accrued paid time off (PTO) if you or a family member is a crime victim.

Go back to our main page on workplace leave laws in California.

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