California Paid Sick Leave: What You Are Entitled To

California requires employers to provide paid sick leave. The floor changed on January 1, 2024, and it is higher than many employees and some employers realise.

The entitlement: 40 hours or five days

Since January 1, 2024, employers must provide at least 40 hours or five days of paid sick leave per year, according to the Division of Labor Standards Enforcement. Whichever figure is greater applies — so an employee on 10-hour days is entitled to 50 hours, not 40.

How it accrues

Under an accrual policy, employees earn at least one hour of paid sick leave for every 30 hours worked. An alternative accrual schedule is permitted provided it delivers 24 hours by the 120th day of employment and 40 hours by the 200th day.

Caps on use and accrual

An employer may cap use at 40 hours or five days per year. Accrual may be capped at 80 hours or 10 days in total, so unused leave can carry over up to that ceiling.

The 90-day waiting period

Employees must complete a 90-day employment period before taking any paid sick leave. Leave still accrues during that time; it just cannot be used until day 90. An employer may advance leave earlier if it chooses.

Local ordinances can require more

Several California cities have their own paid sick leave ordinances that are more generous than the state floor, and where one applies the employer must comply with both the local and the state law. Note the limit on this: from January 1, 2024 state law preempts local ordinances on certain specific topics, including how accrual is calculated, lending provisions, and payout on termination.

Paid sick leave is not the same as state disability or family leave

Paid sick leave is time your employer pays for. State Disability Insurance and Paid Family Leave are separate wage-replacement programmes administered by the Employment Development Department and funded by payroll deductions, used for longer absences. People often exhaust sick leave first and then move onto one of those.

If your employer will not provide it

Denied or unpaid sick leave is a wage claim. The California Labor Commissioner’s Office accepts them, and cities with their own ordinance often have a local enforcement office as well.

Entitlements and the interaction with local ordinances change. Check the source above for the rules in effect on your date.