What is the law for sick leave in California?
Asked by: Dr. Wilhelm Yundt | Last update: June 8, 2026Score: 4.1/5 (58 votes)
California law requires employers to provide at least 40 hours (5 days) of paid sick leave (PSL) annually, effective January 1, 2024, up from 24 hours previously, usable for personal/family illness, preventative care, or addressing issues related to domestic violence/stalking/assault, with specific accrual and use-it-or-lose-it rules depending on the employer's method (accrual vs. front-loading). Employers must display balances on pay stubs, and employees can use it foreseeably with notice or unforeseeably as soon as practicable, without needing to find a replacement worker.
What are the rules for sick pay in California?
California's Paid Sick Leave (PSL) law, updated in 2024, requires most employers to provide at least 5 days or 40 hours of paid sick leave annually, usable for employee or family member health needs, crime victim support, and agricultural workers for emergencies like smoke/heat. Accrual is typically 1 hour per 30 worked, with an 80-hour cap, though employers can frontload the full 40 hours instead. Key protections include anti-retaliation, no required documentation for use, and carryover rules, with specific provisions for combined PTO plans.
What are the rules around sick days?
Sick day rules vary, but generally, federal law (FMLA) offers unpaid leave for serious conditions, while many states and cities mandate paid sick leave for personal/family illness, appointments, or even domestic violence issues, with accrual rates and employer size affecting requirements. Employers can set rules like requiring doctor's notes for extended absences but can't pry into details; you usually need to give notice, and unused paid leave isn't always paid out if you leave.
What is the new sick leave law in California in 2025?
California's 2025 sick leave laws, shaped by AB 406 (effective Oct 2025) and other recent changes, expand reasons for using paid sick leave to include time off for victims of violent crimes (like domestic violence, stalking, sexual assault) to attend related court proceedings or seek services, plus court appearances (jury duty/witness) and general health needs for family. The minimum requirement remains 40 hours (5 days) annually, with new rules ensuring this amount is available quickly, especially for new hires, and clarifies use for victims' legal/safety needs, while also boosting Paid Family Leave benefits (SB 951).
Are sick days use it or lose it in California?
Under California law, accrued paid sick days must carry over to the following year and use-it-or-lose-it policies are prohibited. However, California employers may set a threshold accrual cap. Once an employee accumulates an amount of paid sick time that equals the cap amount, they stop accruing.
What to do when an employee keeps calling in sick.
Is it mandatory to give employees sick days?
Currently, there are no federal legal requirements for paid sick leave. For companies subject to the Family and Medical Leave Act (FMLA), the Act does require unpaid sick leave.
How much sick leave do you accrue full time?
The yearly entitlement is based on an employee's ordinary hours of work and is 10 days for full-time employees, and pro-rata for part-time employees. This can be calculated as 1/26 of an employee's ordinary hours of work in a year.
Is it okay to take a sick day when not sick?
If you need time off for health-related reasons — mental health counts, and so do visits to the doctor — take it.
Do you get full pay when off sick?
Many organisations, like the NHS and councils, give you your full pay when you're sick, and have what's known as an occupational sick pay scheme.
Can my employer ask why I am sick?
FAQs About California Employee Privacy Rights
While employers are able to ask why their employees are calling in sick, they are limited to what information they ask for. The most appropriate engagement is to ask if they are unable to work and when they are expecting to return.
How do I claim sick pay?
Usually, you have to fill in a form provided by your employer for the first week you are unable to work. Or you could write a letter explaining that you are sick (the postmark is taken as the date you informed them), or phone them.
Can an employer deny sick leave in CA?
Generally, no. An employer may not deny an employee paid sick leave based solely on a lack of certification from a health care provider. An employee is entitled to take paid sick leave immediately upon the covered employee's oral or written request. The leave is not conditioned on medical certification.
How does sick leave get paid out?
In California, employers need to provide most employees with at least 24 hours of paid sick leave per year, either divided out over time or as a lump sum. That applies to all eligible employees, including full-time, part-time, and temporary workers.
Can I use my sick time whenever I want?
Employers have the right to set company policies around vacation time, including denying a vacation day or setting policies around when employees can use the vacation time. Employees can, however, take sick leave whenever they need to, regardless of the employer's policies.
Does sick leave get paid out?
Whether sick leave gets paid out when you leave a job depends heavily on state laws and employer policy, but generally, it's not required like vacation time, unless it's combined into a single Paid Time Off (PTO) bank or specified in your contract/agreement. Many states mandate sick leave accrual but don't require payout, while some states and companies treat combined PTO (vacation, sick, personal) as earned wages that must be paid out.
How many sick days can I have per year?
How Many Sick Leave Days Can an Employee Take? Employers generally offer one to five days of paid sick leave per year, adapting the policy to align with job demands and industry norms, which may extend up to 10 days for more physically demanding roles.
Can unused sick leave be cashed out?
Sick Leave Payout: Sick leave is typically not considered earned wages and does not require payout unless a company policy states otherwise. Legal Implications: In states like California, employers must pay out unused PTO but not sick leave unless it is included in a general PTO bank.
How many days can you be sick without a doctor's note in California?
Notably, under this law, all California employers must provide 5 days or 40 hours of sick leave to all employees annually. That means that the person is entitled to at least that amount of time off, and most of the time, an employer will not need nor ask for a doctor's appointment for that time.
Is it better to use sick days or PTO?
It's generally better to use separate sick days for illness and PTO for vacation/personal matters to preserve your "emergency fund," but if your employer combines them into a single Paid Time Off (PTO) bank, use the time as needed for well-being (mental or physical) to avoid burnout, understanding that some states require payout of unused PTO, unlike traditional sick leave. Separate policies protect your health-related days, while combined PTO offers more flexibility but risks employees working while sick to save vacation days, which can harm productivity and health, according to G&A Partners, Paycor, and Connecteam.
What are the rules for paid sick leave in California?
Employees have five days or 40 hours of paid sick leave, whichever is greater. The language is specific to ensure anyone who might work a 10-hour day still gets at least 5 days off. You get these hours either at the beginning of the year or by accruing them as you work.
What are the rules around sick pay?
Sick pay rules in the U.S. vary significantly, with no federal mandate for paid sick leave, relying instead on state/local laws (like California's 40 hours/year or Oregon's state fund) and employer policies, while the federal Family and Medical Leave Act (FMLA) offers up to 12 weeks of unpaid, job-protected leave for serious conditions. Rules cover accrual rates (e.g., 1 hour per 30 worked), reasons for use (illness, appointments, public health needs, domestic violence), and eligibility, with specific laws providing paid time off (PTO) for short-term absences, unlike FMLA.
Do I get full pay if I'm off sick?
You should get your normal pay on the days you work and SSP on the days you don't work. You have to have 4 days in a row off sick to get SSP - this includes Saturday and Sunday.
Can I go on sick leave for stress?
This can be helpful if stress is making their physical or mental health worse. If a worker needs time off work, they should follow their organisation's sickness policy, if they have one. They might be entitled to sick pay.