Short answer. At least 1 hour of paid sick leave for every 30 hours worked, or an up-front policy that gives the full amount for the year at once. An employer may limit use to 40 hours or 5 days a year and may cap the total an employee accrues at 80 hours or 10 days. Use may begin: an employee must satisfy a 90-day employment period before taking sick leave.
At a glance
- Law
- Healthy Workplaces, Healthy Families Act (Labor Code 245-249), as amended by SB 616
- In effect
- Since January 1, 2024, employers must generally provide 5 days or 40 hours a year (SB 616).
- Accrual
- At least 1 hour of paid sick leave for every 30 hours worked, or an up-front policy that gives the full amount for the year at once.
- Yearly limit
- An employer may limit use to 40 hours or 5 days a year and may cap the total an employee accrues at 80 hours or 10 days.
- Use may begin
- An employee must satisfy a 90-day employment period before taking sick leave.
- Agency
- California Labor Commissioner (DLSE)
Example with dates
Suppose someone at an employer in the "any number of employees" group starts on Monday, January 11, 2027 and works 24 hours every week. At 1 hour per 30 hours worked, that's 0.80 hours a week, and the first year comes to 41.60 hours, with the yearly use limit of 40 hours reached on Monday, December 27, 2027. The latest an employer could hold off use is Saturday, April 10, 2027.
- By Sunday, April 11, 2027: 9.60 hours
- By Sunday, July 11, 2027: 20 hours
- By Tuesday, January 11, 2028: 41.60 hours
Your own figures: open the calculator set to California.
What the time covers
The employee's own or a family member's health (family includes a parent, child, spouse or registered domestic partner, among others), and for victims of violence, seeking relief such as a temporary restraining order.
Unused hours at year end
Unused accrued leave carries over, though the employer may set a cap by policy (accrual may be capped at 80 hours or 10 days).
Front-loading instead of accrual
Allowed: an up-front policy makes the full year's leave available immediately; new hires have their own timing rules.
Smaller employers and who is covered
The law covers employees who work at least 30 days for the same employer within a year in California. A few uses tied to victims of violence apply only to employers with 25 or more employees.
Notices, posters and statements
Employers must display the poster, give each employee an individual notice, and show the sick leave available on the pay stub or a separate writing each payday. Records are kept for three years.
City and county rules
Yes, local paid sick leave ordinances apply in parts of the state; an employer there follows whichever rule gives employees more. The official page: California Paid Sick Leave FAQ (local ordinances section).
Worth knowing
Where a city ordinance gives more paid sick leave, the employer provides the higher amount; on a few topics the state law preempts the local one.
Official sources
- California Paid Sick Leave: Frequently Asked Questions (Labor Commissioner) (checked November 2026)
Rules as published on the pages above, checked November 2026. General information, not legal advice; we are not lawyers. A city ordinance, union contract or written policy can give employees more.
Questions employers ask
How much paid sick leave do employees earn in California?
At least 1 hour of paid sick leave for every 30 hours worked, or an up-front policy that gives the full amount for the year at once. An employer may limit use to 40 hours or 5 days a year and may cap the total an employee accrues at 80 hours or 10 days.
When can a new employee start using sick leave in California?
An employee must satisfy a 90-day employment period before taking sick leave.
Does unused sick time carry over to the next year in California?
Unused accrued leave carries over, though the employer may set a cap by policy (accrual may be capped at 80 hours or 10 days).
Can a California employer front-load sick leave instead of tracking accrual?
Allowed: an up-front policy makes the full year's leave available immediately; new hires have their own timing rules.
Do small employers in California have to provide it?
The law covers employees who work at least 30 days for the same employer within a year in California. A few uses tied to victims of violence apply only to employers with 25 or more employees.
What can California sick leave be used for?
The employee's own or a family member's health (family includes a parent, child, spouse or registered domestic partner, among others), and for victims of violence, seeking relief such as a temporary restraining order.
All states: paid sick leave laws by state · Arizona · Colorado