California Labor Laws

California Sick Leave Law: Accrual, Caps and Who Is Covered — Best Proven Guide (2026)

By Oleg Kachko · Updated October 8, 2026
✓ Verified October 2026

The California sick leave law gives you 1 hour for every 30 hours worked, or 40 hours front-loaded, capped at use capped at 40 hours or 5 days a year; accrual may be capped at 80 hours or 10 days, for all employers. This guide gives the exact california sick leave law rule with the date we verified it, the statute, and what to do next.

Rules verified against California Labor Commissioner’s Office (DLSE) on 2026-10-08; confirm the current rule with California Labor Commissioner’s Office (DLSE) or an attorney before you rely on it.

California Sick Leave Law at a Glance

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Law Yes — paid sick leave
Accrual 1 hour for every 30 hours worked, or 40 hours front-loaded
Annual cap Use capped at 40 hours or 5 days a year; accrual may be capped at 80 hours or 10 days
Who is covered All employers
Statute Cal. Labor Code 245 to 249 (Healthy Workplaces, Healthy Families Act, expanded January 1, 2024)
In effect since July 1, 2015; 40-hour minimum since January 1, 2024

California Sick Leave Law: The Rule

1 hour for every 30 hours worked, or 40 hours front-loaded. Use capped at 40 hours or 5 days a year; accrual may be capped at 80 hours or 10 days. Covered: all employers. The statute is Cal. Labor Code 245 to 249 (Healthy Workplaces, Healthy Families Act, expanded January 1, 2024), in effect since July 1, 2015; 40-hour minimum since January 1, 2024.

⚠ California sick leave law: 1 hour for every 30 hours worked, or 40 hours front-loaded; use capped at 40 hours or 5 days a year; accrual may be capped at 80 hours or 10 days. In effect since July 1, 2015; 40-hour minimum since January 1, 2024.

What California Sick Leave Law Lets You Use Leave For

California’s Healthy Workplaces, Healthy Families Act generally lets workers use paid sick leave to diagnose, care for, treat or prevent illness for themselves or a family member. Covered family includes a child, parent, spouse, registered domestic partner, grandparent, grandchild, sibling, parent-in-law, or one person the worker designates.

Safe leave also generally covers victims of domestic violence, sexual assault, stalking or other qualifying violent acts who need medical care, counseling, court time or safety planning.

California Sick Leave Law at a Glance

Rules verified against California Labor Commissioner’s Office (DLSE) on 2026-10-08; confirm the current rule with California Labor Commissioner’s Office (DLSE) or an attorney before you rely on it. The statute row is where to check it yourself.

Law Yes — paid sick leave
Accrual 1 hour for every 30 hours worked, or 40 hours front-loaded
Annual cap Use capped at 40 hours or 5 days a year; accrual may be capped at 80 hours or 10 days
Who is covered All employers
Statute Cal. Labor Code 245 to 249 (Healthy Workplaces, Healthy Families Act, expanded January 1, 2024)
In effect since July 1, 2015; 40-hour minimum since January 1, 2024

Accrual, Caps and Carryover Under California Sick Leave Law

1 hour for every 30 hours worked, or 40 hours front-loaded; use capped at 40 hours or 5 days a year; accrual may be capped at 80 hours or 10 days. If the need is foreseeable, an employer may require reasonable advance notice, and if it is not, notice as soon as practicable.

An employer generally cannot make you find a replacement worker before using leave, and for safe leave it may ask for reasonable documentation such as a police report, a court order or a note from a medical provider or advocate. Confirm with the Labor Commissioner what your employer may request.

The leave is paid at your regular rate for the covered employers above; smaller employers in some states must give the time unpaid.

California Sick Leave Law and Retaliation

California law generally bars employers from firing, threatening, demoting, suspending or otherwise retaliating against a worker for using or asking to use paid sick leave, or for filing a complaint about it. If an adverse action follows soon after protected sick-leave activity, the law generally presumes retaliation, and workers may file a complaint with the Labor Commissioner.

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Local Rules and California Sick Leave Law

Several California cities and counties have their own paid sick leave ordinances that can give more than state law, including San Francisco, Oakland, Berkeley, Emeryville, Santa Monica, the City of Los Angeles, unincorporated Los Angeles County and the City of San Diego. Where both apply, the employer generally has to follow whichever rule is more generous to the worker.

Other California Sick Leave Law Rules to Know

California employers generally do not have to pay out unused sick leave when a job ends. However, previously accrued sick leave generally has to be reinstated if you are rehired by the same employer within the period set by law, which matters if you were laid off this week.

Separate “kin care” rules also let workers use part of their sick leave to care for family, and agricultural workers may generally use paid sick leave to avoid hazardous smoke, heat or flooding conditions.

Denied the leave you earned? The labor department enforces the sick-leave law for free.

Contact California Labor Commissioner’s Office (DLSE)

California — the bottom line

  • The california sick leave law gives 1 hour for every 30 hours worked, or 40 hours front-loaded.
  • Under the california sick leave law the cap is use capped at 40 hours or 5 days a year; accrual may be capped at 80 hours or 10 days.
  • The california sick leave law protects you from retaliation for using the leave.

Frequently Asked Questions

Is paid sick leave required in California?

Yes. 1 hour for every 30 hours worked, or 40 hours front-loaded.

How much sick leave do I get under California sick leave law?

Use capped at 40 hours or 5 days a year; accrual may be capped at 80 hours or 10 days.

Which employers are covered by the California sick leave law?

All employers.

Can I be fired for using sick leave in California?

California law generally bars employers from firing, threatening, demoting, suspending or otherwise retaliating against a worker for using or asking to use paid sick leave, or for filing a complaint…

When did the California sick leave law take effect?

July 1, 2015; 40-hour minimum since January 1, 2024.

Official California Sources & Resources

This california sick leave law guide was last verified against official California sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.

More California Workplace Rights Guides

Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.

Hurt at work before you lost the job? See whether workers comp or unemployment applies at Workers Comp Explained. Denied unemployment because you cannot work? Social Security disability may be the right program - start at Disability Claim Info. Lost income and worried about rent? Know your rights before an eviction notice arrives at Tenant Rights Info.